IC-NRLF 


SB    SM    3clt3 


GMERAL  SCHOOL  LAW 


STATE   OF  NEW  YORK 


1878. 


GENERAL  SCHOOL  LAWS 


OF   THB 


STATE    OF    NEW    YORK. 


PREPARED  BY  THE 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

PURSUANT  TO  CHAPTER  252,  LAWS  OP  1878. 


ALBANY. 

WEED,  PARSONS  AND  COMPANY,  PRINTERS. 

1878. 


SCHOOL    LAW. 


CHAP.  555. 

AN  ACT  to  revise  and  consolidate  the  General  Acts 
relating  to  Public  Instruction. 

Passed  May  2,  1864;  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  m 
Senate  and  Assembly,  do  enact  as  follows : 

TITLE  L 

OF   THE   SUPERINTENDENT    OF    PUBLIC    INSTRUCTION, 
HIS  ELECTION  AND  GENERAL  POWERS  AND  DUTIES. 

SECTION  1.  The  office  of  state  superintendent  of  pub-  state  super- 
lie  instruction  is  continued,  and  the  term  of  said  office 
shall  be  three  years,  commencing  on  a  day  after  an 
election  thereto,  and  continuing  until  a  successor 
shall  have  been  duly  elected.  Such  superintendent 
shall  be  elected  by  joint  ballot  of  the  senate  and 
assembly,  on  the  first  Tuesday  of  April,  one  thousand 
eight  hundred  and  sixty-five,  and  on  the  first  Tues- 
day of  April  next  after  the  occurrence  of  any 
vacancy  in  the  office. 


4  ACT  RELATING  TO 

Deputy          §  2.  He  shall  appoint  a  deputy  ;  and,  in  case  of  a 

fendent.  vacancy  in  the  office  of  superintendent,  the  deputy 
may  perform  all  the  duties  of  the  office  until  the  day 
after  the  day  hereinbefore  fixed  for  an  election  by 

vacancy,  the  senate  and  assembly.  In  case  the  office  of  both 
superintendent  and  deputy  shall  be  vacant,  the  gov- 
ernor shall  appoint  some  person  to  fill  the  office,  until 
the  superintendent  shall  be  elected  and  assume  it. 

office  in  §3.  The  superintendent's  office  shall  continue  to 
•  be  in  the  state  hall,  and  maintained  at  the  expense 
of  the  state. 

salary.  *§  4.  His  salary  shall  be  five  thousand  dollars  a 
year,  payable  quarterly,  by  the  treasurer,  on  the 
warrant  of  the  comptroller. 

cierk  hire.  t§  6.  He  may  appoint  as  many  clerks  as  he  may 
deem  necessary,  but  the  compensation  of  such  clerks 
shall  not  exceed  in  the  aggregate  the  sum  of  nine 
thousand  dollars  in  any  one  year,  and  shall  be  pay- 
able monthly  by  the  treasurer,  on  the  warrant  of 
the  comptroller,  and  the  certificate  of  the  superin- 
tendent. 

seal.  §6.  The  seal  of  the  superintendent,  of  which  a 

description  and  impression  are  now  on  file  in  the  of- 
fice of  the  secretary  of  state,  shall  continue  to  be 
his  official  seal,  and  when  necessary  may  be  renewed 
from  time  to  time.  Copies  of  all  papers  deposited  or 
filed  in  the  superintendent's  office,  and  of  all  acts, 
orders  and  decisions  made  by  him,  and  of  the  drafts 
or  machine  copies  of  his  official  letters,  may  be 
authenticated  under  the  said  seal,  and  when  so  au- 
thenticated, shall  be  evidence  equally  with  and  in 
like  manner  as  the  originals. 

tendeiS's       ^  ^'  ^Q  superintendent  shall  be  ex-officio  a  trus- 

e£officio    tee  of  Cornell    University  and  of    the  New  York 

duties.  state  Asylum  for  Idiots,  and  a  Regent  of  the  Uni- 
versity of  the  State  of  New  York.  He  shall  also 
have  general  supervision  over  the  State  normal 
schools  at  Brockport,  Buffalo,  Cortland,  Fredonia, 
Gfeneseo,  Oswego  and  Potsdam,  and  over  any  other 
State  normal  schools  which  may  hereafter  be  estab- 
lished ;  and  he  shall  provide  for  the  education  of 

*  As  amended  by  sec.  1,  chap.  567,  Laws  of  1875. 
t  As  amended  by  sec.  2,  chap.  567,  Laws  of  1875. 
$  As  amended  by  sec.  3,  chap.  567,  Laws  of  1875. 


PUBLIC 

the  Indian  children  of  the  state,  as  required  by 
chapter  seventy- one  of  the  laws  of  eighteen  hundred 
and  fifty-six. 

§  8.  The  institution  for  the  instruction  of  the 
and  dumb,  the  New  York  institution  for  the  blind, 
and  all  other  similar  institutions,  incorporated,  or  bl 
that  may;  be  hereafter  incorporated,  shall  be  subject 
to  the  visitation  of  the  superintendent  of   public 
instruction,  and  it  shall  be  his  duty  : 

1.  To  inquire,  from  time  to  time,  into  the  expendi- 
tures of  each  institution,  and  the  systems  of  instruc- 
tion pursued  therein,  respectively. 

2.  To  visit    and    inspect  the    schools    belongin 
thereto,  and  the  lodgings  and  accommodations  ol 
the  pupils. 

3.  To  ascertain,  by  a  comparison  with  other  sim- 
ilar institutions,  whether  any  improvements  in  in- 
struction and  discipline  can  be  made ;  and  for  that 
purpose  to  appoint,  from  time  to  time,  suitable  per- 
sons to  visit  the  schools. 

4.  To  suggest  to  the  directors  of  such  institution 
and  to  the  legislature  such  improvements  as  he  shall 
judge  expedient. 

5.  To  make  an  annual  report  to  the  legislature  on 

all  the  matters  before  enumerated,  and  particularly  rportan- 
as  to  the  condition  of  the  schools,  the  improvement  n 
of  the  pupils,  and  their  treatment  in  respect  to  board 
and  lodging. 

*§  9.  All  deaf  and  dumb  persons  resident  in  this  alm?ss?on. 
state,  between  the  ages  of  twelve  and  twenty-five 
years,  whose  parent  or  parents,  or,  if  an  orphan, 
whose  nearest  friend  shall  have  been  resident  in  this 
state  for  three  years  immediately  preceding  the  ap- 
plication, shall  be  eligible  to  appointment  as  state 
pupils,  in  one  of  the  deaf  and  dumb  institutions  of 
this  state,  authorized  by  law  to  receive  such  pupils ; 
and  all  blind  persons  of  suitable  age  and  similar 
qualifications  shall  be  eligible  to  appointment  to  the 
institutions  for  the  blind  in  the  city  of  New  York, 
or  in  the  village  of  Batavia,  as  follows  :  All  such  as 
are  residents  of  the  counties  of  New  York,  Kings, 
Queens,  Suffolk  and  Richmond,  shall  be  sent  to  the 

*As  amended  by  sec.  4.  chap.  567,  Laws  of  1875. 


6  '  ACT  RELATING  TO 

institution  for  the  blind  in  the  city  of   New  York  ; 
those  who  reside  in  other  counties  of  the  state  shall 
be  sent  to  the  institution  for  the  blind  in  the  village 
of  Batavia.    All  such  appointments  with  the  ex- 
ception of  those  to  the  institution  for  the  blind  in 
the  village  of  Batavia  shall  be  made  by  the  super- 
intendent of  public  instruction  upon  application, 
and  in  those  cases  in  which,  in  his  opinion,  the  parents 
or  guardians  of  the  applicants  are  able  to  bear  a 
portion  of  the  expense,  he  may  impose  conditions 
whereby  some  proportionate  share  of  the  expense 
of  educating  and  clothing  such  pupils  shall  be  paid 
by   their  parents,  guardians  or  friends,  in  such  man- 
ner and  at  such  times  as  the  superintendent  shall  des- 
ignate, which  conditions  he  may  modify  from  time  to 
.     time,  if  he  shall  deem  it  expedient  to  do  so. 
state  pu-      §  10.  Each  pupil  so  received  into  either  of  the  institu- 
Sommoda-  tions  aforesaid  shall  be  provided  with  board,  lodging 
pensat?on"  an(^  tuition ;  and  the  directors  of  the  institution  shall 
etc.        '  receive  for  each  pupil  so  provided  for,  the  sum  of 
dollars  per  annum,  in  quarterly  payments, 
to  be  paid  by  the  treasurer  of  the  state,  on  the  war- 
rant of  the  comptroller,  to  the  treasurer  of  said  in- 
stitution, on  his  presenting  a  bill  showing  the  actual 
time  and  number  of  such  pupils  attending  the  insti- 
tution, and  which  bill  shall  be  signed  by  the  presi- 
dent and  secretary  of  the  institution,  and  verified  by 
Term  of  in-  their  oaths.      The  regular  term  of  instruction  for 
on'  such  pupils  shall  be  five  years ;  but  the  superintend- 
ent of  public  instruction  may,   in  his    discretion, 
extend  the  term  of  any  pupil  for  a  period  not  ex- 
ceeding three  years.     The  pupils  provided  for  in 
this  and  the  preceding  section  of  this  title  shall  be 
designated  state  pupils ;   and  all  the  existing  pro- 
visions of  law  applicable  to  state  pupils  now  in  said 
institutions  shall  apply  to  pupils  herein  provided 
for. 

§  11.  The  superintendent  of  public  instruction 
may  make  such  regulations  and  give  such  directions 
to  parents  and  guardians,  in  relation  to  the  admis- 
sion of  pupils  into  either  of  the  above  named  insti- 
tutions, as  will  prevent  pupils  entering  the  same  at 
irregular  periods. 


PUBLIC  INSTRUCTION. 

§  12.  The  superintendent  may,  in  his  discretion,  school 
appoint  persons  to  visit  and  examine  all  or  any  of  Vi8itor- 
the  common  schools  in  the  connty  wherein  such  per- 
sons reside,  and  to  report  to  him  all  such  matters 
respecting  their  condition  and  management,  and  the 
means  of  improving  them,  as  he  shall  prescribe ;  but 
no  allowance  or  compensation  shall  be  made  to  such 
visitors  for  their  services  or  expenses. 

§  13.  So   often  as  he  can,  consistently  with  his  f^|g{ 
other  duties,  he  shall  visit  such  of  the  common  schools  visitethe 
of  the  state  as  he  shall  see  fit,  and  inquire  into  their 
course  of  instruction,  management  and  discipline,  and 
advise  and  encourage  the  pupils,  teachers  and  officers 
thereof. 

§  14.  He  shall  submit  to  the  legislature  an  annual 
report  containing : 

1.  A  statement  of  the  condition  of  the  common 
schools  of  the  state,  and  of  all  other  schools  and 
institutions  under  his  supervision,  and  subject  to  his 
visitation  as  superintendent. 

2.  Estimates  and  accounts  of  expenditures  of  the 
school  moneys,  and  a  statement  of  the  apportion- 
ment of  school  moneys  made  by  him. 

3.  All  such  matters  relating  to  his  office,  and  all 
such  plans  and  suggestions  for  the  improvement  of 
the  schools  and  the  advancement  of  public  instruc- 
tion in  the  state,  as  he  shall  deem  expedient. 

*§  15.  He  may  grant  under  his  hand  and  seal  of 
office  a  certificate  of  qualification  to  teach,  and 
may  revoke  the  same.  While  unrevoked,  such 
certificate  shall  be  conclusive  evidence  that  the  per- 
son to  whom  it  was  granted  was  qualified  by  moral 
character,  learning  and  ability,  to  teach  any  com- 
mon school  in  the  state.  Such  certificate  may  be 
granted  to  him  only  upon  examination.  He  shall 
determine  the  manner  in  which  such  examination 
shall  be  conducted,  and  may  designate  proper  per- 
sons to  conduct  the  same,  and  report  the  result  to 
him.  He  may  also  appoint  times  and  places  for 
holding  such  examinations,  at  least  once  in  each 
year,  and  cause  due  notice  thereof  to  be  given.  He 
may  also  issue  temporary  licenses  to  teach,  limited 

*As  amended  by  sec.  5,  chap.  567,  Laws  of  1875. 


g  ACT  RELATING  TO 

to  any  school  commissioner  district  or  school  district, 
and  for  a  period  not  exceeding  six  months,  when- 
ever, in  his  judgment,  it  may  be  necessary  or  expe- 
dient for  him  to  do  so. 

May  annul  §  16.  Upon  cause  shown  to  his  satisfaction,  he  may 
cafea!"  annul  any  certificate  of  qualification  granted  to  a 
teacher  by  a  school  commissioner,  or  declare  any 
diploma  issued  by  the  state  normal  school  ineffective 
and  null  as  a  qualification  to  teach  a  common  school 
within  this  state,  and  he  may  reconsider  and  reverse 
his  action  in  any  such  matter. 

Lists  of  §  17.  He  shall  prepare  and  keep  in  his  office  alpha- 
betical  lists  of  all  persons  who  have  received  or  shall 
receive,  certificates  of  qualification  from  himself,  or 
diplomas  of  the  state  normal  school,  with  the  dates 
thereof,  and  shall  note  thereon  all  annulments  and 
reversals  of  such  certificates  and  diplomas,  with  the 
date  and  causes  thereof,  together  with  such  other 
particulars  as  he  may  deem  expedient. 

§  18.  Whenever  it  shall  be  proven,  to  his  satisfac- 
tion,  that  any  school  commissioner,  or  other  school 
officer,  has  been  guilty  of  any  willful  violation  or 


neglect  of  duty  under  this  act,  or  any  other  act  per- 
taining to  common  schools,  or  of  willfully  disobeying 
any  decision,  order  or  regulation  of  the  superintend- 
ent, the  superintendent  may,  by  an  order  under  his 
hand  and  seal,  which  order  shall  be  recorded  in  his 
office,  remove  such  school  commissioner  or  other 
school  officer  from  his  office. 

shaii  pre-       §  19.  He  shall  prepare  suitable  registers,  blanks, 

pare  regis-  forms  an(j  regulations  for  making  all  reports  and  con- 

clanks,      ducting  all  necessary  business  under  this  act,  and 

shall  cause  the  same,   with  such  information  and 

instructions  as  he  shall  deem  conducive  to  the  proper 

organization  and  government  of  the  common  schools 

and  the  due  execution  of  their  duties  by  school  offi- 

cers, to  be  transmitted  to  the  officers  and  persona 

intrusted  with  the  execution  of  the  same. 


PUBLIC  INSTEUCTION.  9 


TITLE  II. 

OF  THE  SCHOOL    COMMISSIONERS,    THEIR    ELECTION, 
POWERS    AND    DUTIES. 

SECTION  1.  The  office  of  school  commissioner  is  school 
continued,  and  the  present  incumbents  shall  con- 
tinue  in  office  in  their  respective  districts,  for  the 
residue  of  the  terms  for  which  they  were  elected  or 
appointed. 

§  2.  The  districts  as  organized  under  existing  laws  school 
and  as  recognized  in  the  election  of  school  commis- 
sioners  at  the  annual  election  in  eighteen  hundred  tricts- 
and  sixty-three,  shall  continue  to  be  held  and  re- 
garded as  the  school  commissioner  districts  in  this 
state,  except  as  the  same  shall  be  altered  or  modi- 
fied by  the  legislature. 

*§  3.  The  school  commissioner  for  each  school  HOW 
commissioner  district  shall  be  elected  by  the  electors  el 
thereof,  by  separate  ballot,  at  the  general  election  in 
the  year  one  thousand  eight  hundred  and  sixty-six, 
and  triennial  ly  thereafter,  and  the  ballots  shall  be 
indorsed  "school  commissioner."  The  laws  regulat- 
ing the  election  of  and  canvassing  the  votes  for 
county  officers  shall  apply  to  such  elections.  And  it  county 
shall  further  be  the  duty  of  county  clerks,  and  they 
are  hereby  required,  as  soon  as  they  shall  have  offi- 
cial  notice  of  the  election  or  appointment  of  a  school 
commissioner,  for  any  district  in  their  county,  to 
forward  to  the  superintendent  of  public  instruction  a 
duplicate  certificate  of  such  election  or  appointment 
attested  by  their  signature  and  the  seal  of  the 
county. 

§  4.  The  term  of  office  of  such  commissioner  shall  Term  of 
commence  on  the  first  day  of  January  next  after  his  ° 
election,  and  shall  be  for  three  years,  and  until  his 
successor  qualifies.    Every  person  elected  to  the  Oathof 
office,  or  appointed  to  fill  a  vacancy,  must  take  the  °ffice- 
oath  of  office  prescribed  by  the  constitution,  before 
the  county  clerk,  or  a  judge  of  a  court  of  record, 

*As  amended  by  sec.  1,  chap  406,  Laws  of  1867.     ' 


HOW  va- 


10  ACT  RELATING  TO 

and  file  it  with  the  county  clerk,  within  ten  days 
after  the  commencement  of  the  term,  or  after  notice 
of  his  appointment  ;  and  if  he  omit  so  to  do,  the 
office  shall  be  deemed  vacant. 

commis-        §  5.  A  commissioner  may,  at  any  time,  vacate  his 

resign.may  office,  by  filing  his  resignation  with  the  county  clerk. 

His  removal  from  the  county,  or  his  acceptance  of 

the  office  of  supervisor,  town-clerk  or  trustee  of  a 

school  district,  shall  vacate  his  office. 

*§  6.  The  county  clerk,  so  soon  as  he  has  official 
or  °ther  notice  of  the  existence  of  a  vacancy  in  the 
commis  on^ce  °^  commissioner,  shall  give  notice  thereof  to 
sionS18"  the  county  judge,  or,  if  that  office  be  vacant,  to  the 
superintendent  of  public  instruction.  In  case  of  a 
vacancy,  the  county  judge,  or,  if  there  be  no  county 
judge,  then  the  superintendent,  shall  appoint  a  com- 
missioner, who  shall  hold  his  office  until  the  first  of 
January  succeeding  the  next  general  election,  and 
until  his  successor,  who  shall  be  chosen  at  such  gen- 
eral election,  shall  have  qualified.  A  person  elected 
to  fill  a  vacancy  shall  hold  the  office  only  for  the 
unexpired  term. 

salary  of       f§  7.  Every  school  commissioner  shall  receive  an 

commis-    annual  salary  of  eight  hundred  dollars,  payable  quar- 

i!8ooer        terly,  by  the  treasurer,  on  the  warrant  of  the  comp- 

troller and  the  certificate  of  the  superintendent  of 

§ublic  instruction,  out  of  the  income  of  the  United 
tates  deposit  fund  appropriated  to  this  purpose,  or 
to  the  support  of  common  schools. 

J§  8.  Whenever  a  majority  of  the  supervisors 
from  all  the  towns  composing  a  school  commissioner 
district  shall  adopt  a  resolution  to  increase  the  salary 
of  their  school  commissioner,  beyond  the  eight  hun- 
dred dollars  payable  to  him  from  the  .United  States 
deposit  fund,  it  shall  be  the  duty  of  the  board  of 
supervisors  of  the  county  to  give  effect  to  such  reso- 
lution, and  they  shall  assess  the  increase  stated 
therein  upon  the  towns  composing  such  commis- 
sioner district,  ratably,  according  to  the  corrected 
valuations  of  the  real  and  personal  estate  of  such 
towns.  •? 

*As  amended  by  sec.  1,  chap.  647,  Laws  of  1865. 
t  '    tAs  amended  by  sec.  1,  chap.  84,  Laws  of  1867. 
*As  amended  by  sec.  6,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  11 

*§  9.  The  board  of  supervisors  shall  annually  audit 
and  allow  to  each  commissioner  within  the  county 
the  fixed  sum  of  two  hundred  dollars  for  his  expen- 
ses, and  shall  assess- and  levy  that  amount  annually, 
by  tax  upon  the  towns  composing  his  district. 

§  10.  Whenever  the  superintendent  of  public  in-  .  , . 

,          ,  •  ,.    ,•     -in  ••  i          tendent 

struction  is  satisfied  that  a  school  commissioner  has  may  witn- 
persistentty  neglected  to  perform  his  duties,  he  may  Sion^' 
withhold  his  order  for  the  payment  of  the  whole  or  er'8  salary- 
any  part  of  such  commissioner's  salary  as  it  shall 
become  due,  and  the  salary  so  withholden  shall  be 
forfeited  ;  but  the  superintendent  may  remit  the  for- 
feiture, in  whole  or  in  part,  upon  the  commissioner 
disproving  or  excusing  such  neglect. 
§  11.  A  commissioner  upon  the  written  request  of  commis- 

, -i  °  ..  /»  •"•-....          -i  •   j.   •    j_  sioner  to 

the  commissioners  of  an  adjoining  district,  may  per-  serve  for 
form  any  of  his  duties  for  him,  and  upon  require-  ano 
ment  of  the  state  superintendent  of  public  instruc- 
tion must  perform  the  same. 

§  12.  No  school  commissioner  shall  act  as  agent  Not  to  act 
for  any  author,  publisher  or  bookseller,  nor  directly  fo/Sor 
or  indirectly  receive  any  gift,  emolument,  reward  or  er,?tc!ish" 
promise  of  reward,  for  his  influence  in  recommending 
or  procuring  the  use  of  any  book,  or  school  appara- 
tus, or  furniture  of  any  kind  whatever,  in  any  com- 
mon school,  or  the  purchase  of  any  book  for  a  district 
library.     Any  one  who  shall  procure  or  solicit  a  vio- 
lation of  this  provision,  or  of  any  part  thereof,  shall 
be  guilty  of  a  misdemeanor ;  and  any  such  violation 
shall  subject  the  guilty  commissioner  to  removal  from 
his  office  by  the  superintendent  of  public  instruction. 

§  13.  Every  commissioner  shall  have  power,  and  Duties  of 
it  shall  be  his  duty  :  SSS&s 

fl.  From  time  to  time  to  inquire  and  ascertain  ^  define 
whether  the  boundaries  of  the  school  districts  within  district  e 
his  district  are  definitely  and  plainly  described  in 
the  records  of  the  proper  town  clerks ;  and  in  case 
the  record  of  the  boundaries  of  any  school  district 
shall  be  found  defective  or  indefinite,  or  if  the  same 
shall  be  in  dispute,  then  to  cause  the  same  to  be 

*As  amended  by  sec.  2,  chap.  84,  Laws  of  1867. 
tAs  amended  by  sec.  7,  chap.  567,  Laws  of  1875. 


To  visit 
and  exam- 
ine 
schools. 


Libraries, 
school- 
houses, 
etc. 


Studies. 


To  direct 
trustees  to 
make  re- 
pairs. 


May  direct 
abatement 
of  nui- 
sance. 


To  con- 
demn unfit 
echool- 
nouses. 


ACT  KELATING  TO 

Jnended,  or  an  amended  record  of  the  boundaries 
to  be  made.  All  necessary  expenses  incurred  in 
establishing  such  amended  records  shall  be  a  charge 
upon  the  district  or  districts  affected,  to  be  audited 
and  allowed  by  the  trustee  or  trustees  thereof,  upon 
the  certificate  of  the  school  commissioner. 

2.  To  visit  and  examine  all  the  schools  and  school 
districts  within  his  district  as  often  in  each  year  as 
shall  be  practicable ;  to  inquire  into  all  matters  rela- 
ting to  the  management,  the  course  of  study  and 
mode  of  instruction,  and  the  text-books  and  disci- 
pline of  such  schools,  and  the  condition  of  the  school- 
houses,  sites,  out-buildings  and  appendages,  and  of 
the  district  generally  ;  to  examine  the  district  libra- 
ries ;  to  advise  with  and  counsel  the  trustees  and 
other  officers  of  the  district  in  relation  to  their 
duties,  and  particularly  in  respect  to  the  construction, 
warming  and  ventilation  of  school-houses,  and  the 
improving  and  adorning  of  the  school  grounds  con- 
nected therewith ;  and  to  recommend  to  the  trustees 
and  teachers  the  proper  studies,  discipline  and  man- 
agement of  the  schools,  and  the  course  of  instruction 
to  be  pursued. 

*3.  Upon  such  examination,  to  direct  the  trustees 
to  make  any  alteration  or  repair  on  the  school-house 
or  out-buildings  which  shall,  in  his  opinion,  be  neces- 
sary for  the  health  or  comfort  of  the  pupils,  but  the 
expense  of  making  such  alterations  or  repairs  shall, 
in  no  case,  exceed  the  sum  of  two  hundred  dollars, 
unless  an  additional  sum  shall  be  voted  by  the  district. 
He  may  also  direct  the  trustees  to  abate  any  nui- 
sance in  or  upon  the  premises,  provided  the  same  can 
be  done  at  an  expense  not  exceeding  twenty -five 
dollars. 

*4.  In  concurrence  with  the  supervisor  of  the  town 
in  which  a  school-house  is  situated,  by  an  order  under 
their  hands,  reciting  the  reason  or  reasons,  to  con- 
demn such  school-house,  if  they  deem  it  wholly  unfit 
for  use  and  not  worth  repairing,  and  to  deliver  the 
order  to  the  trustees,  or  one  of  them,  and  transmit 
a  copy  to  the  superintendent  of  public  instruction. 


*As  amended  by  sec.  2,  chap.  406,  Laws  of  1867, 


PUBLIC  INSTRUCTION.  13 

Such  order,  if  no  time  for  its  taking  effect  be  stated  May  esti- 
m  it,  shall  take  effect  immediately.     They  shall  also  SSlsSSJ- 
state  what  sum.  not  exceeding  eight  hundred  dollars,  schooi-d 
will,  in  their  opinion,  be  necessary  to  erect  a  school-  hoi*se. 
house  capable  of  accommodating  the  children  of  the 
district.    Immediately  upon  the  receipt  of  said  order  Trustee  to 
the  trustee  or  trustees  of  such  district  shall  call  a  meet?ng!al 
special  meeting  of  the  inhabitants  of  said  district, 
for  the  purpose  of  considering  the  question  of  build- 
ing a  school-house  therein.     Such  meeting  shall  have 
power  to  determine  the  size  of  said  school-house,  the 
material  to  be  used  in  its  erection,  and  to  vote  a  tax 
to  build  the  same  ;  but  such  meeting  shall  have  no 
power  to  reduce  the  estimate  made  by  the  commis- 
sioner and  supervisor  aforesaid  by  more  than  twenty- 
five  per  cent  of  such  estimate.     And  where  no  tax  Trustee  to 
for  building  such  house  shall  have  been  voted  by  ISSooi- 
such  district  within  thirty  days  from  the  time  of  5^ystaxnd 
holding  the  first  meeting  to  consider  the  question,  for  same  if 
then  it  shall  be  the  duty  of  the  trustee  or  trustees  of  negMcl 
such  district  to  contract  for  the  building  of  a  school- 
house  capable  of  accommodating  the  children  of  the 
district,  and  to  levy  a  tax  to  pay  for  the  same,  which 
tax  shall  not  exceed  the  sum  estimated  as  necessary 
by  the  commissioner  and  supervisor  as  aforesaid,  and 
which  shall  not  be  less  than  such  estimated  sum 
by  more  than  twenty-five  per  cent  thereof.     But  such 
estimated  sum  may  be  increased  by  a  vote  of  the 
inhabitants    at    any  school  meeting  subsequently 
called  and  held  according  to  law. 

5.  To  examine  persons  proposing  to  teach  common  TO  exam- 
schools  within  his  district,  and  not  possessing  the  !?Cen.?ed 
superintendent's  certificate  of    qualification    or    a  teachers. 
diploma  of  the  state  normal  school,  and  to  inquire 

into  their  moral  fitness  and  capacity,  and,  if  he  find 
them  qualified,  to  grant  them  certificates  of  qualifi- 
cation, in  the  forms  which  are  or  may  be  prescribed 
by  the  superintendent. 

6.  To  re-examine  any  teacher  holding  his  or  his  Re-exam- 
predecessor'  s  certificate,  and  if  he  find  him  deficient  " 

in  learning  or  ability,  to  annul  the  certificate. 

7.  To  examine  any  charge  affecting  the  moral  TO  exam- 
character  of   any  teacher  within  his  district,  first 


14  ACT  EELATING  TO 

ges  against  giving  such  teacher  reasonable  notice  of  the  charge, 
Annul"'    an(i  an  opportunity  to  defend  himself  therefrom ;  and 
certifl-       if  he  find  the  charge  sustained,  to  annul  the  teacher's 
certificate,  by  whomsoever  granted,  and  to  declare 
him  unfit  to  teach  ;  and  if  the  teacher  held  a  certifi- 
cate of  the  superintendent,  or  a  diploma  of  the  state 
normal  school,  to  notify  the  superintendent  forth- 
with of  such  annulment  and  declaration. 

8.  And,  generally,  to  use  his  utmost  influence  and 
most  strenuous  exertions  to  promote  sound  educa- 
tion, elevate  the  character  and  qualifications  of 
teachers,  improve  the  means  of  instruction  and 
advance  the  interests  of  the  schools  under  his  super- 
vision. 

commis-        §  14.  Every  school  commissioner  shall  have  power 
takeeaffida-  to  take  affidavits  and  administer  oaths  in  all  matters 
vits.          pertaining  to  common  schools,  but  without  charge 
or  fee  ;  and,  under  the  direction  of  the  superintend- 
ent of  public  instruction,  to  take  and  report  to  him 
the  testimony  in  any  case  of  appeal. 

§  -^'  ^ke  commissioners  shall  be  subject  to  such 
rules  and  regulations  as  the  superintendent  of  public 
instruction  shall,  from  time  to  time,  prescribe ;  and 
tion-         appeals  from  their  acts  and  decisions  may  be  made 
TO  report   to  him,  as  hereinafter  provided.     They  shall,  when- 
annuaiiy,   ever  thereto  required  by  the  superintendent,  report 
to  him,  as  to  any  particular  matter  or  act,  and  shall 
severally  make  to  him  annually,  up  to  the  first  day 
of  October  in  each  year,  a  report  in  such  form,  and 
containing  all  such  particulars  as  he  shall  prescribe 
and  call  for  ;  and  for  that  purpose  shall  procure  the 
reports  of  the  trustees  of  the  school-districts  from 
the  town-clerks'  offices,  and  after  abstracting  the 
necessary  contents  thereof,  shall  arrange  and  indorse 
them  properly,  and  deposit  them  with  a  copy  of  his 
own  abstract  thereof,  in  the  office  of  the  county 
5    clerk  ;  and  the  clerk  shall  safely  keep  them. 


PUBLIC  ERSTKUQTION.  15 


TITLE  III. 

OF  THE  STATE  AND  OTHER  SCHOOL  MONEYS,  THEIR 
APPORTIONMENT  AND  DISTRIBUTION,  AND,  HEREIN, 
OF  TRUSTS  AND  GIFTS  FOR  THE  BENEFIT  OF  COM- 
MON SCHOOLS. 

FIRST  ARTICLE. 

Of  the  state  school  moneys  and  their  apportion- 
ment by  the  superintendent  of  public  instruction, 
and  payment  to  the  county  treasurers. 

^SECTION  1.  There  shall  be  raised  by  tax,  in  the  state  tax 
present  and  each  succeeding  year,  upon  the  real  and  support  of 
personal  estate  of  each  county  within  the  state,  one  schools- 
mill  and  one-fourth  of  a  mill  upon  each  and  every 
dollar  of  the  equalized  valuation  of  such  estate,  for 
the  support  of  common  schools  in  the  State;  and 
the  proceeds  of  such  tax  shall  be  apportioned  and 
distributed  as  herein  provided. 

§  2.  No  clerk  of  any  board  of  supervisors,  or  other  cierk  of 
person  who  shall  make  out  the  tax  list  or  assess-  supeWis- 
ment  roll  of  any  town,  shall  omit  to  include  and  Jot  3  to 
apportion   among  the  moneys  to  be  raised  thereby  J.^^ 
the  amount  hereby  required  to  be  raised  for  the  sup-  schooftax. 
port  of  schools,  by  reason  of  the  omission  of  the 
board  of  supervisors  to  pass  a  resolution  for  that 
purpose. 

t  §  3.  The  moneys  so  raised  shall  be  paid  into  the  HOW .mon- 
state  treasury,  and  the  treasurer  may  transfer  them  deposited. 
from  one  depository  to  another,  by  his  draft,  coun- 
tersigned and  entered  by  the  superintendent  of 
public  instruction:  On  the  first  working  day  of 
each  month  the  treasurer  shall  make  to  the  superin- 
tendent of  public  instruction  a  written  statement  of 
the  condition  of  the  free  school  fund,  showing  the 
amount  received  and  paid  during  the  preceding 
month,  and  the  balance  remaining  on  hand.  The 

*As  amended  by  sec.  3,  chap.  406,  Laws  of  1867. 
tAs  amended  by  sec.  8,  chap.  567,  Laws  of  1875. 


16  ACT  EELATING  TO 

bank  in  which  such  moneys  are  deposited  shall  fur- 
nish the  superintendent  of  public  instruction  a  book, 
in  which  the  officers  of  such  banks  shall  make  entries 
of  all  sums  deposited  therein  by;  the  treasurer,  from 
time  to  time,  to  the  credit  of  said  free  school  fund. 
No  such  money  shall  be  paid  out  of  the  treasury 
except  upon  such  warrant  of  the  superintendent, 
countersigned  by  the  comptroller,  referring  to  the 
law  under  which  it  is  drawn.  The  superintendent 
shall  countersign  and  enter  all  checks  drawn  by  the 
treasurer  in  payment  of  his  warrants,  and  all  receipts 
of  the  treasurer  for  such  money  paid  to  the  treas- 
urer, and  no  such  receipt'  shall  be  evidence  of  pay- 
ment unless  it  be  so  countersigned. 

comptroi-      *§  4.  The  comptroller  may  withhold  the  payment 
withhold    of  any  moneys  to  which  any  county  may  be  entitled, 
moneys      from  the  appropriation  of  the  incomes  of  the  school 
counties,    fund  and  the  United  States  deposit  fund  for  the  sup- 
port of  common  schools,  until  satisfactory  evidence 
shall  be  furnished  to  him  that  all  moneys  required  by 
law  to  be  raised  by  taxation  upon  such  county,  for 
the  support  of  schools  throughout  the  state,  have 
been  collected  and  paid  or  accounted  for  to  the  state 
Treasurer  treasurer ;  and  whenever,  after  the  first  day  of  March 
fntensdent"  in  any  year,  in  consequence  of  the  failure  of  any 
county  to  pay  such  moneys  on  or  before  that  day, 
there  shall  be  a  deficiency  of  moneys  in  the  treasury 
applicable  to  the  payment  of  school  moneys  to  which 
any  other  county  may  be  entitled,  the  treasurer 
and  superintendent  of  public  instruction  are  hereby 
authorized  to  make  a  temporary  loan  of  the  amount 
so  deficient,  and  such  loan,  and  the  interest  thereon 
at  the  rate  of  twelve  per  cent  per  annum,  until  pay- 
ment shall  be  made  to  the  treasury,  shall  be  a  charge 
upon  the  county  in  default,  and  shall  be  added  to  the 
amount  of  state  tax, and  levied  upon  such  county  by 
the  board  of  supervisors  thereof,  at  the  next  ensuing 
assessment,  and  shall  be  paid  into  the  treasury  in  the 
same  manner  as  other  taxes. 

schoeoi          §  ^'  ^ke  moneys  raised  by  the  state  tax  or  bor- 
rowed  as  aforesaid  to  supply  a  deficiency  thereof, 

*As  amended  by  sec.  4,  chap.  406,  Laws  of  1867. 


PUBLIC  INSTRUCTION.  17 

and  snch  portion  of  the  income  of  the  United  States 
deposit  fund  as  shall  be  appropriated,  and  the  income 
of  the  common  school  fund,  when  the  same  are  appro- 
priated to  the  support  of  common  schools,  constitute 
the  state  school  moneys,  and  shall  be  divided  and  men?b!y  n" 
apportioned  by  the  superintendent  of  public  instruc-  supenn- 
tion,  on  or  before  the  twentieth  day  of  January  in  t( 
each  year  as  follows  :  and  all  moneys  so  apportioned 
except  the  library  moneys,  shall  be  applied  exclu- 
sively  to  the  payment  of  teachers'  wages. 

*§  6.  He  shall  apportion  and  set  apart  from  the  in-  united  °f 
come  of  the  United  States  deposit  fund  so  appro-  sj£^ie- 
priated  the  amounts  required  to  pay  the  annual  an?  free 
salaries  of  the  school  commissioners  elected  or  elect- 
ive  under  this  act,  to  be  drawn  out  of  the  treasury 
and  paid  to  the  several  commissioners,  as  hereinbe- 
fore provided  ;  and  he  shall  also  apportion  to  each 
of  the  cities  of  the  state,  and  to  each  of  the  incorpo- 
rated villages  of  the  state  having  a  population  of 
five  thousand  and  upwards,  which,  under  a  special 
act,  employs  a  superintendent  of  common  schools, 
or  a  clerk  of  the  board  of  education,  who  does  the 
duty  of  supervision,  out  of  the  income  of  the  said 
fund,  and  if  insufficient  the  deficiency  out  of  the 
free  school  fund,  so  appropriated,  the  sum  of '  eight 
hundred  dollars,  and  in  case  any  city  is  entitled  to 
more  than  one  member  of  assembly  according  to 
the  unit  of  representation  adopted  by  the  legisla- 
ture, five  hundred  dollars  for  each  additional  mem- 
ber of  assembly,  to  be  expended  according  to  law, 
for  the  support  of  the  common  schools  of  the  city. 
He  shall  then  set  apart,  from  the  income  of  the 
United  States  deposit  fund,  for  and  as  library 
moneys,  such  sum  as  the  legislature  shall  appro- 
priate for  that  purpose.  He  shall  also  set  apart 
from  the  free  school  fund  a  sum  not  exceeding  four 
thousand  dollars  for  a  contingent  fund.  He  shall 
then  set  apart  and  apportion,  for  and  on  account  of 
the  Indian  schools  under  his  supervision,  a  sum 
which  will  be  equitably  equivalent  to  their  propor- 
tion of  the  state  school  money,  upon  the  basis  of 
distribution  established  by  this  act,  such  sum  to  be 

*As  amended  by  chap.  374,  Laws  of  1876. 


18  ACT  EELATING  TO 

wholly  payable  out  of  the  proceeds  of  the  state  tax 
for  the  support  of  common  schools.  After  deduct- 
ing the  said  amounts,  he  shall  divide  the  -remainder 
of  the  state  school  moneys  into  two  parts,  one  to  be 
one- third  and  the  other  to  be  two-thirds  of  such  re- 
mainder, and  shall  apportion  them  as  hereinafter 
specified. 

a^S/on-      §  7*  ^-e  sna^  apportion  the  one-third  of  the  re- 
Sfepn°t.  °  '  mainder  equally  among  the  school  districts  and 
cities  from  which  reports  shall  have  been  received  in 
accordance  with  law,  as  follows : 

Xotetore-      r^°  entitle  a  district  to  a  distributive  portion  or 
ceivedis-    district  quota,  a  qualified    teacher,   or  successive 
tnctquo     quaiifie<i  teachers,   must  have  actually  taught  the 
common  school  of  the  district,  for  at  least  the  term 
of  time  hereinafter  mentioned,  during  the  last  pre- 
one  quota  ceding  school  year.     For  every  additional  qualified 
qu'afSed     teacher  and  his  successors  who  shall  have  actually 
teacher,     taught  in   said  school  during  the  whole  of  said 
term,  the  district  shall  be  entitled  to  another  distrib- 
utive quota  ;  but  pupils  employed  as  monitors,  or 
Term  of     otherwise,    shall  not    be    deemed    teachers.      The 
)oh       aforementioned  term,  during  the  current  school  year 
shall  be  six  months,  and  thereafter  shall  be  twenty- 
eight  'weeks  of  five  school  days  each,  inclusive  of 
New  Year's  day,  Washington' s birthday,  the  fourth 
day  of  July,   Christmas  day,  and  any  other  day 
which  shall  be,  by  law,  declared  a  holiday,  which 
shall  occur  during  the  term.    A  deficiency  not  ex- 
ceeding three  weeks  during  the  current  year,  or  in 
any  subsequent  year,  caused  by  a  teacher's  attend- 
ance upon  a  teachers'  institute  within  the  county, 
shall  be  excused. 

Two-thirds      §  8.  Having  so  apportioned  and  distributed  the 
menu  ° l   one-third,  the  superintendent  shall  apportion  the  two- 
thirds  of  the  said .  remainder,  and  also  the  library 
moneys  separately,  among  the  counties  of  the  state, 
according  to  their  respective  population,  excluding 
Indians  residing  on  their  reservations,  as  the  same 
shall  appear  from  the  last  preceding  state  or  United 
Apportion-  States  census;  but  as  to  counties  in  which  are  situ- 
payment     ate^  cities  having  special  school  acts,  he  shall  appor- 
to  cities,  to.  each  city  the  part  to  which  it  shall  so  appear 


PUBLIC  INSTRUCTION.  19 

entitled,  and  to  the  residue  of  the  county  the  part  to 
which  it  shall  appear  to  be  so  entitled.  If  the  cen- 
sus according  to  which  the  apportionment  should 
be  made,  does  not  show  the  sum  of  the  population 
of  any  county  or  city,  the  superintendent  shall,  by 
the  best  evidence  he  can  procure,  ascertain  and  de- 
termine the  population  of  such  county  or  city  at  the 
time  the  census  was  taken,  and  make  his  apportion- 
ment accordingly. 

§  9.  The  superintendent  shall  apportion  to  each  separate 
separate  neighborhood  which  shall  have  duly  re- 
ported,  such  fixed  sum  as  will,  in  his  opinion,  be 
equitably  equivalent  to  its  portion  of  all  the  state 
school  moneys  upon  the  basis  of  distribution  estab- 
lished by  this  act  ;  such  sum  to  be  payable  out  of 
the  contingent  fund  hereinbefore  established. 

§  10.  Whenever  any  school  district  or  separate 
neighborhood  shall  have  been  excluded  from  partici- 
pation  in  any  apportionment  made  by  the  super- 
intendent,  or  by  the  school  commissioners,  by  rea- 
son  of  its  having  omitted  to  make  any  report  re- 
quired  by  law,  or  to  comply  with  any  other  provis-  ment' 
ion  of  law,  or  with  any  rule  or  regulation  made  by 
the  superintendent  under  the  authority  of  law,  and 
it  shall  be  shown  to  the  superintendent  that  such 
omission  was  accidental  or  excusable,  he  may, 
upon  the  application  of  such  district  or  neighbor- 
hood, make  to  it  an  equitable  allowance;  and  if  the 
apportionment  was  made  by  himself,  cause  it  to  be 
paid  out  of  the  contingent  fund;  and,  if  the  appor- 
tionment was  made  by  the  commissioners,  direct 
them  to  apportion  such  allowance  to  it,  at  their 
next  annual  apportionment,  in  addition  to  any  ap- 
portionment to  which  it  may  then  be  entitled. 

§  11.  If  money  to  which  it  is  not  entitled,  or  a  Moneys  a 
larger  sum  than  it  is  entitled  to,  shall  be  apportioned 
to  any  county,  or  part  of  a  county,  or  school  district, 
and  it  shall  not  have  been  so  distributed  or  appor-  hae  su 
tioned  among  the  Districts,  or  expended,  as  to  make  intendent- 
it  impracticable   so  to  do,  the  superintendent  may 
reclaim  such  money  or  excess,  by  directing  any  officer 
in  whose  hands  it  may  be,  to  pay  it  into  the  state 
treasury,  to  the  credit  of  the  free  school  fund  ;  and 


uper 


20  ACT  RELATING  TO 

the  state  treasurer's  receipt,  countersigned  by  the 
superintendent,  shall  be  his  only  voucher ;  but  if  it 
be  impracticable  so  to  reclaim  such  money  or  excess, 
then  the  superintendent  shall  deduct  it  from  the  por- 
tion of  such  county,  part  of  a  county  or  district,  in 
his  next  annual  apportionment,  and  distribute  the 
sum  thus  deducted,  equitably  among  the  counties  and 
parts  of  counties,  or  among  the  school  districts  in  the 
state  entitled  to  participate  in  such  apportionment, 
according  to  the  basis  of  apportionment  in  which 
such  excess  occurred. 

§  12.  If  a  less  sum  than  it  is  entitled  to  shall  have 
been  apportioned  by  the   superintendent    to    any 
menltaTap~-  county,  part  of  a  county  or  school  district,  the  su- 
Senton~     perintendent  may  make  a  supplementary  apportion- 
ment to  it,  of  such  a  sum  as  shall  make  up  the  defici- 
ency, and  the  same  shall  be  paid  out  of  the  contin- 
gent fund,  if  sufficient,  and  if  not,  then  the  superin- 
tendent shall  make  up  such  deficiency  in  his  next 
annual  apportionment. 

TO  certify       §  13.  As  soon  as  possible  after  the  making  of  any 
cierkltreL  annual  or  general  apportionment,  the  superintendent 
rnissilmer   sna^  certify  it  to  the  county  clerk,  county  treasurer, 
etc.  '      '  school  commissioners  and  city  treasurer  or  chamber- 
lain, in  every  county  in  the  state ;  and  if  it  be  a  sup- 
plemental apportionment,  then  to  the  county  clerk, 
county  treasurer  and  school  commissioners  of  the 
county  in  which  the  neighborhood  or  the  school - 
house  of  the  district  concerned  is  situate. 

*§  14.  The  moneys  so  annually  apportioned  by 
the  superintendent  shall  be  payable  on  the  first  day 
of  April  next  after  the  apportionment,  to  the  treas- 
urers of  the  several  counties  and  the  chamberlain  of 
the  city  of  New  York,  respectively  ;  and  the  said 
treasurers  and  the  chamberlain  shall  apply  for  and 
receive  the  same  as  soon  as  payable. 


*Aa  amended  by  sec.  10,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTKUCTION.  21 


SECOND    ARTICLE. 

Of  trusts  for  the  benefit  of  common  schools,  and  of 
town  school  funds,  fines,  penalties  and  other 
moneys  held  or  given  for  their  benefit. 

§  15.  Real  and  personal  estate  may  be  granted,  Real  and 
conveyed,  devised,  bequeathed  and  given  in  trust  State11111 
and  in  perpetuity  or  otherwise,  to  the  state,  or  to  fjj|"  for 
the  superintendent  of  public  instruction,  for  the  sup-  ^e  benefit 
port  or  benefit  of  the  common  schools  within  the  mon°m 
state,  or  within  any  part  or  portion  of  it,  or  of  any  8Chools- 
particular  common  school  or  schools  within  it ;  and 
to  any  county,  or  the  school  commissioner  or  com- 
missioners of  any  county,  or  to  any  city  or  any  board 
or  officers  thereof,  or  to  any  school  commissioner  dis- 
trict or  its  commissioner,  or  to  any  town  or  supervisor 
of  a  town,  or  to  any  school  district  or  its  trustee  or 
trustees,  for  the  support  and  benefit  of  common 
schools  within  such  county,  city,  school  commissioner 
district,  town  or  school  district,  or  within  any  part  or 
portion  thereof  respectively,  or  for  the  support  and 
benefit  of  any  particular  common  school  or  schools 
therein. 

§  16.  No  such  grant,  conveyance,  devise  or  bequest  Trusts  not 
shall  be  held  void  for  the  want  of  a  named  or  com-  want  of  01 
petent  trustee  or  donee,  but  where  no  trustee  or  d™nee? or 
donee,  or  an  incompetent  one  is  named,  the  title  and 
trust  shall  vest  in  the  people  of  the  state,  subject  to 
its  acceptance  by  the  legislature,  but  such  accept- 
ance shall  be  presumed. 

§  17.  The  legislature  may  control  and  regulate  the  Legisia- 
execution  of  all  such  trusts  ;  and  the  superintendent  *r 
of  public  instruction  shall  supervise  and  advise  the 
trustees,  and  hold  them  to  a  regular  accounting  for  guperin. 
the  trust  property  and  its  income  and  interest,  at  tendent  to 
such  times,  in  such  forms,  and  with  such  authentica-  trustees  to 
tions,  as  he  shall  from  time  to  time  prescribe.  account. 

§  18.  The  common  council  of  every  city,  the  board  certain 

A  j>  L       xi_      'L         i  e  officers 

of  supervisors  of  every  county,  the  trustees  of  every  and  boards 
village,  the  supervisor  of  every  town,  the  trustee  or  t?uste,e?oM 
trustees  of  every  school  district,  and  every  other  offi- 


22  ACT  EELATING  TO 

cer  or  person  who  shall  be  thereto  required  by  the 
superintendent  of  public  instruction,  shall,  on  or 
before  the  thirtieth  day  of  September  next,  report  to 
him  whether  any,  and  if  any,  what  trusts  are  held  by 
them  respectively,  or  by  any  other  body,  officer  or 
person,  to  their  information  or  belief  for  school  pur- 
poses, and  shall  transmit  therewith  an  authenticated 
copy  of  every  will,  conveyance,  instrument  or  paper 
embodying  or  creating  the  trust ;  and  shall,  in  like 
manner,  forthwith  report  to  him  the  creation  and 
terms  of  every  such  trust  subsequently  created. 
G°Hpel  i  §  19-  Every  supervisor  of  a  town  shall,  by  the 

and  school     ,  ?    .      .      _.         J  „  ^  -^  •> 

lots.  thirtieth  day  of  September  next,  report  to  the  super- 
intendent whether  there  be,  within  the  town,  any 
gospel  or  school  lot,  and,  if  any,  shall  describe  the 
same,  and  state  to  what  use,  'if  any,  it  is  put  by 
the  town ;  and  whether  it  be  leased,  and  if  so,  to 
whom,  for  what  term  and  upon  what  rents  ;  and 
whether  the  town  holds  or  is  entitled  to  any  land, 
moneys  or  securities  arising  from  any  sale  of  such 
gospel  or  school  lot,  and  the  investment  of  the  pro- 
ceeds thereof,  or  of  the  rents  and  income  of  such  lots 
and  investments,  and  shall  report  a  full  statement 
and  account  of  such  lands,  moneys  and  securities. 
Moneys  in  §  20.  Every  supervisor  of  a  town  shall  in  like  man- 
ofeovt?- 8  ner,  by  the  thirtieth  day  of  September  next,  report 
t°  tne  superintendent  whether  the  town  has  a  com- 
mon school  fund  originated  under  the  "  act  relative  to 
moneys  in  the  hands  of  overseers  of  the  poor," 
passed  April  27,  1829,  and,  if  it  have,  the  full  par- 
ticulars thereof,  and  of  its  investment,  income  and 
application,  in  such  form  as  the  superintendent  may 
prescribe. 

§  21.  In  respect  to  the  property  and  funds  in  the 
reportntoto  ^wo  l&st  sections  mentioned,  the  superintendent  shall, 
tu?eegisla"  at  tne  next  sessi°n  °f  the  legislature,  and  annually 
thereafter,  include  in  his  annual  report  a  statement 
and  account  thereof.    And,  to  these  ends,  he  is 
authorized,  at  any  time,  and  from  time  to  time,  to 
require  from  the  supervisor,  board  of  town  auditors, 
or  any  officer  of  a  town,  a  report  as  to  any  fact,  or 
any  information  or  account,  he  may  deem  necessary 
or  desirable. 


PUBLIC  INSTRUCTION.  23 


§  22.  Whenever,  by  any  statute,  a  penalty  or  fine 
is  imposed  for  the  benefit  of  common  schools,  and  how  pat! 
not  expressly  of  the  common  schools  of  a  town  or  tk>ned.por' 
school  district,  it  shall  be  taken  to  be  for  the  benefit 
of  the  common  schools  of  the  county  within  which  the 
conviction  is  had  ;  and  the  fine  or  penalty,  when 
paid  or  collected,  shall  be  paid  forthwith  into  the 
county  treasury,  and  the  treasurer  shall  credit 
the  same  as  school  moneys  of  the  county,  unless  the 
county  comprise  a  city  having  a  special  school  act, 
in  which  case  he  shall  report  it  to  the  superintendent, 
who  shall  apportion  it  upon  the  basis  of  population 
by  the  last  census,  between  the  city  and  the  residue 
of  the  county,  and  the  portion  belonging  to  the  city 
shall  be  paid  into  its  treasury. 

§  23.  Every  district  attorney  shall  report,  annually,  District  at 
to  the  board  of  supervisors,  all  such  fines  and  penal-  report  to 
ties  imposed  in  any  prosecution  conducted  by  him  JSJI/Jfe* 
during  the  previous  year  :  and  all  moneys  collected  *°  super- 

&  •        ai         i  •  i        j.1  t        '&  j.-u         visors. 

or  received  by  him  or  by  the  sheriff,  or  any  other 
officer,  for  or  on  account  of  such  fines  and  penalties, 
shall  be  immediately  paid  into  the  county  treasury, 
and  the  receipt  of  the  county  treasurer  shall  be  a 
sufficient  and  the  only  voucher  for  such  money. 

§  24.  Whenever  a  fine  or  penalty  is  inflicted  or  wnwMjnd 
imposed  for  the  benefit  of  the  common  schools  of  a  foghorn 
town  or  school  district,  the  magistrate,  constable  or  pald* 
other  officer,  collecting  or  receiving  the   same,  shall 
forthwith  pay  the  same  to  the  county  treasurer  of 
the  county  in  which  the  school-house  is  located,  who 
shall  credit  the  same  to  the  town  or  district  for 
whose  benefit  it  is  collected.    If  the  fine  or  penalty 
be  inflicted  or  imposed  for  the  benefit  of  the  com- 
mon schools  of  a  city  having  a  special  school  act,  or 
of  any  part  or  district  of  a  city,  it  shall  be  paid  into 
the  city  treasury. 

§  25.  Whenever,  by  this  or  any  other  act,  a  pen-  Penalties 
alty  or  fine  is  imposed  upon  any  school  district  districts. 
officer  for  a  violation  or  omission  of  official  duty,  or 
upon  any  person  for  any  act  or  omission  within  a 
school  district,  or  touching  property  or  the  peace 
and  good  order  of  the  district,  and  such  penalty  or 
fine  is  declared  to  be  for,  or  for  the  use  or  benefit  of 


24  ACT  RELATING  TO 

the  common  schools  of  the  town,  or  of  the  county, 
and  such  school  district  lies  in  two  or  more  towns  or 
counties,  the  town  or  county  intended  by  the  act  shall 
be  taken  to  be  the  one  in  which  the  school-house,  or 
the  school-house  longest  owned  or  held  by  the  district 
is,  at  the  time  of  such  violation,  act  or  omission. 
Embezzle-  §  26.  Any  district  attorney,  sheriff,  justice  of  the 
3tyior.en~  peace,  police  justice  or  other  magistrate  or  officer, 
who  shall  embezzle,  or  willfully  withhold  from  or 
omit  to  pay  into  the  county  treasury  any  money 
received  or  collected  in  payment  or  satisfaction,  in 
whole  or  in  part,  of  any  iine  or  penalty  in  the  four 
last  preceding  sections  mentioned,  shall  be  guilty  of 
a  misdemeanor  ;  and  any  fine  imposed  upon  a  con- 
viction thereof  shall  be  for  the  benefit  of  the  common 
schools  of  the  county. 


THIRD   ARTICLE. 

Of  the  apportionment  of  the  state  schools  moneys, 
and  of  other  schools  moneys  by  the  school  commis- 
sioners add  their  payment  to  the  supervisors. 


Appor-  -          scno°l  commissioner,  or  commissioners 

tionment    of  each  county,  shall  proceed,  at  the  county  seat,  on 
school  mo.  the  third  Tuesday  of  March  in  each  year,  to  ascer- 
commis-    tain,  apportion  and  divide  the  state  and  other  school 
sioners.      moneys  as  follows  : 
Library  1.  They  shall  set  apart  any  library  moneys  appor- 

5ys*     tioned  by  the  superintendent. 

shall  set  2.  From  the  other  moneys  apportioned  to  the 
eysspecua-  county,  they  shall  set  apart  and  credit  to  each  sepa- 
tlonped°by  rate  neighborhood  and  school  district  the  amount 
the  super-  apportioned  to  it  by  the  state  superintendent,  and 

luieiiueiit.    .*•*-  -i  •    j_    •    j_        i   •    i       i  •  n  j_»    •        j_        •         ±1 

to  every  district  which  did  not  participate  m  the 
apportionment  of  the  previous  year,  and  which  the 
superintendent  shall  have  excused,  such  equitable 
sum  as  he  shall  have  allowed  to  it. 

?neupen°d-       3.  They  shall  procure  from  the  treasurer  of  the 

ed  moneys  county  a  transcript  of  the  returns  of  the  supervisors 

vfso?sper"    hereinafter  required,  showing  the  unexpended  mon- 

eys in  their  hands  applicable  to  the  payment  of  teach- 

ers' wages  and  to  library  purposes,  and  shall  add 


PUBLIC  INSTRUCTION.  25 

the  whole  sum  of  such  moneys  to  the  balance  of  the 
state  moneys  to  be  apportioned  for  teachers'  wages. 
The  amounts  in  eacn  supervisor's  hands  shall  be 
charged  as  a  partial  payment  of  the  sums  appor- 
tioned to  the  town  for  library  moneys  and  teachers' 
wages  respectively. 

4.  They   shall  procure  from  the  county  treasurer  gJ^'JJ 
a  full  list  and  statement  of  all  payments  to  him   of  urer  of 
moneys  for  or  on  account  of  fines  and  penalties,  or 
accruing  from  any  other  source,   for  the  benefit  of 
schools  and  of  the  town  or  towns,  district  or  districts 
for  whose  benefit  the  same  were  received.     Such  of 
said  moneys  as  belong  to  a  particular  district,   they 
shall  set  apart  and  credit  to  it-,  and  such  as  belong 

i         -i         e  .L-I  i_     11  5  portioned. 

to  the  schools  of  a  town,  they  shall  set  apart  and 
credit  to  the  schools  in  that  town,  and  shall  appor- 
tion them  together  with  such  as  belong  to  the 
schools  of  the  county,  hereinafter  provided,  for  the 
payment  of  teachers'  wages. 

5.  They  shall  apportion  the  library  moneys  to  the  APPor- 
school  districts  and  parts  of  school  districts  joint  with  onSbrary 
parts  in  any  city  or  in  an  adjoining  county,  which  ™°SJJfng 
shall  be  entitled  to  participate  therein  as  hereinafter  to  n"™ber 
specified,  in  proportion  to  the  number  of  children  in  dren.1 " 
each  between  the  ages  of  five  and  twenty-one  years, 

as  the  same  shall  appear  from  the  reports  of  the 
trustees  for  the  last  preceding  school  year. 

6.  They  shall  apportion  in  like  manner  and  upon  Remaining 
the  same  basis,  until  the  apportionment  of  the  year  moneys- 
eighteen  hundred  and  sixty-six,  the  remaining  unap- 
portioned  moneys  among  such  school  districts  and 

parts  of  school  districts. 

7.  In  the  apportionment  of  eighteen  hundred  and  J^is^f813 
sixty-six,  and  in  every  subsequent  apportionment, 

they   shall  apportion  one-half  of  such  remaining 
unapportioned  moneys,  in  the  like  manner  and  upon 
the  same  basis,  among  such  school  districts  and  parts 
of  districts  ;  and  the  other  half  they  shall  apportion 
among  such  districts  and  parts  of  districts,  in  pro- 
portion to  the  average  daily  attendance  of  the  pupils  on  average 
resident  therein  between  the  ages  of  five  and  twenty-  lSce!d~ 
one  years,  at  their  respective  schools  during  the  last 
preceding  school  year.    The  average  daily  attendance 
4 


26  ACT  RELATING  TO 

Attend-  of  the  pupils  is  to  be  ascertained  from  the  records 
tailed8061"  thereof  kept  by  the  teachers,  as  hereinafter  pre- 
scribed, by  adding  together  the  whole  number  of 
days'  attendance  of  each  and  every  such  pupil  in 
the  district,  or  part  of  a  district,  and  dividing  the 
aggregate  by  the  whole  number  of  days  the  school 
was  kept  during  the  year. 

8.  They  shall  then  set  apart  to  each  town  the 
moneys  so  set  apart  and  apportioned  to  each  sepa- 
rate neighborhood  ;  to  each  district  the  school-house 
of  which  is  therein  ;  and  to  each  part  of  a  joint  dis- 
trict therein  the  school-house  of  which  is  located  in 
a  city  or  in  a  town  in  an  adjoining  county, 
certm-  9.  They  shall  sign,  in  duplicate,  a  certificate,  show- 
ajposrt°ion-  ing  the  amounts  apportioned  and  set  apart  to  each 
ment.  separate  neighborhood,  school  district  and  part  of  a 
district,  and  the  towns  in  which  they  are  situated, 
and  shall  designate  therein  the  source  from  which 
each  item  of  the  aggregate  to  each  district  and  town 
was  derived  ;  and  shall  forthwith  deliver  one  of  said 
duplicates  to  the  treasurer  of  the  county  and  trans- 
mit the  other  to  the  superintendent  of  public  instruc- 
tion. 

certify  to  10.  They  shall  certify  to  the  supervisor  of  each 
v?sor"per~  town  the  amount  of  school  moneys  so  apportioned 
to  his  town,  and  the  portions  thereof  to  be  paid  by 
him  for  library  purposes  and  for  teachers'  wages,  to 
each  such  distinct  separate  neighborhood,  district 
and  part  of  a  district. 

Erroneous  §  28.  If  in  their  apportionment,  through  any  error 
how  of  the  commissioners,  any  district  shall  have  appor- 
tioned  to  it  a  larger  or  a  less  share  of  the  moneys 
than  it  is  entitled  to,  the  commissioners  may  in  their 
next  annual  apportionment,  with  the  approbation  of 
the  superintendent,  correct  the  error  by  an  equitable 
deduction  from  or  augmentation  of  the  share  of  such 
district. 

-       §  ^'  ^°  district  or  part  of  a  district  shall  be  enti- 
ted to    '  tied  to  any  portion  of  such  school  moneys  on  such 
moneys,     apportionment  unless  the  report  of  the  trustees  for 
the  preceding  school  year  shall  show  that  a  common 
school  was  supported  in  the  district  and  taught  by 
a  qualified  teacner  for  such  a  term  of  time  as 


PUBLIC  INSTKUCTION.  27 

under  section  seven  of  this  title,  entitle  it  to  a  dis- 
tributive share  under  the  apportionment  of  the  super- 
intendent. 

§  30.  On  receiving  the  certificate  of  the  commis- 
sioners,  each  supervisor  shall  forthwith  make  a  copy 
thereof  for  his  own  use,  and  deposit  the  original  in  fl{enthend 
the  office  of  the  clerk  of  his  town  ;  and  the  moneys  °risiaal- 
so  apportioned  to  his  town  shall  be  paid  to  him 
immediately  on  his  compliance  with  the  requirements 
of  the  next  section,  and  not  before. 

*§  31.  Immediately  on  receiving  the  commission-  supervisor 
ers'  certificate  of  apportionment,  the  county  treas-  bomis? 
urer  shall  require  of  each  supervisor,  and  each 
supervisor  shall  give  to  the  treasurer,  in  behalf  of 
the  town,  his  bond,  with  two  or  more  sufficient  sure- 
ties, approved  by  the  treasurer,  in  the  penalty  of  at 
Least  double  the  amount  of  the  school  moneys  set 
apart  or  apportioned  to  the  town,  and  of  any  such 
moneys  unaccounted  for  by  his  predecessor,  condi- 
tioned for  the  faithful  disbursement,  safe-keeping 
and  accounting  for  such  moneys,  and  of  all  other 
school  moneys,  that  may  come  into  his  hands  from 
any  other  source.  If  the  condition  shall  be  broken, 
the  county  treasurer  shall  sue  the  bond  in  his  own 
name,  in  behalf  of  the  town,  and  the  money  recov- 
ered shall  be  paid  over  to  the  successor  of  the  super- 
visor in  default,  such  successor  having  first  given 
security  as  aforesaid.  Whenever  the  office  of  a  in  case  of 
supervisor  shall  become  vacant,  by  reason  of  the  offiCcenSIn 
expiration  of  his  term  of  service  or  otherwise,  the  supervisor 
county  treasurer  shall  require  the  person  elected  or 
appointed  to  fill  such  vacancy  to  execute  a  bond, 
with  two  or  more  sureties,  to  be  approved  by  the 
treasurer,  in  the  penalty  of  at  least  double  the  sum 
of  the  school  moneys  remaining  in  the  hands  of  the 
old  supervisor,  when  the  office  became  vacant,  con- 
ditioned for  the  faithful  disbursement,  safe-keeping 
and  accounting  for  such  moneys.  But  the  execution 
of  this  bond  shall  not  relieve  the  supervisor  from 
the  duty  of  executing  the  bond  first  above  men- 
tioned. 


*As  amended  by  eec.  11,  chap.  567,  Laws  of  1875. 


28  ACT  KELATLNG  TO 

Refusal  to      §  32.  The  refusal  of  a  supervisor  to  give  such  secu- 

ritvyeasmius~  rity  shall  be  a  misdemeanor,  and  any  nne  imposed  on 

demeanor.  fas  conviction  thereof  shall  be  for  the  beneht  of  the 

county      common  schools  of  the  town.     Upon  such  refusal, 

appoint!**  the  moneys  so  set  apart  and  apportioned  to  the  town 

shall  be  paid  to  and  disbursed  by  some  other  officer 

or  person  to  be  designated  by*  the  county  judge, 

under  such  regulations  and  with  such  safeguards  as 

he  may  prescribe,  and  the  reasonable  compensation 

of  such  officer  or  person,  to  be  adjusted  by  the  board 

of  supervisors,  shall  be  a  town  charge. 


TITLE  IV. 

OF  THE  DISBURSEMENT  OF  THE  SCHOOL  MONEYS  BY 
THE  SUPERVISORS,  AND  OF  SOME  OF  THEIR  SPECIAL 
POWERS,  DUTIES  AND  LIABILITIES  UNDER  THIS  ACT. 

SECTION  1.  The  several  supervisors  continue  vested 
tru'stees'of  w^n  ^ne  powers  and  charged  with  the  duties  formerly 
gospel  and  vested  in  and  charged  upon  the  trustees  of  the  gospel 
lots4!01       and  school  lots,  and  transferred  to  and  imposed  upon 
town  superintendents  of  common  schools  by  chapter 
one    hundred   and  eighty-six,   of  the  laws  of  one 
thousand  eight  hundred  and  forty-six: 

Powers  §  2.  The  several  supervisors  continue  vested  with 
SwacST"  the  powers  and  charged  with  the  duties  conferred 
and  imposed  upon  the  commissioners  of  common 
schools  by  the  act  of  eighteen  hundred  and  twenty- 
nine,  entitled  "An  act  relative  to  moneys  in  the  hands 
of  overseers  of  the  poor." 

Embezzle-      §  3.  A  supervisor  who  shall  embezzle  or  apply  to 
moneys*  by  Ms  own-  private  use  any  money  or  security  received 
supervis-    ^y  ]^[m  uncier  any  provisions  of  this  act,  including 
the  two  preceding  sections  of  this  title,  shall  be  guilty 
of  a  misdemeanor,  and  any  fine  imposed  upon  a  con- 
viction thereof  shall  be  for  the  benefit  of  the  common 
schools  of  the  town. 

TO  make  a      §  4.  On  the  first  Tuesday  of  March  in  each  year, 
money?  fin  eacn  supervisor  shall  make  a  return  in  writing  to  the 
hands        county  treasurer  for  the  use  of  the  school  commis- 
sioners, showing  the  amounts  of  school  moneys  in 


PUBLIC  INSTRUCTION.  29 

his  hands  not  paid  out  on  the  orders  of  trustees  for 
teachers'  wages,  nor  drawn  by  them  for  library  pur- 
poses, and  the  districts  to  which  they  stand  accred- 
ited (and  if  no  such  money  remain  in  his  hands,  he 
shall  report  that  fact) ;  and  thereafter  he  shall  not 
pay  out  any  of  said  moneys  until  he  shall  have 
received  the  certificate  of  the  next  apportionment ; 
and  the  moneys  so  returned  by  him  shall  be  re-ap- 
portioned as  hereinbefore  directed. 

§  5.  Any  supervisor  who  neglects  to   make    the  Penalty 

?i  *  t     -n  i  /•  -i  i      TI     /»         *or  neg- 

said  return,  or  shall  make  a  false  return,  shall  for-  lect. 
feit  twenty-five  dollars,  to  be  recovered  by  his  suc- 
cessor in  office,  or  if  he  be  re-elected,  by  the  county 
treasurer  of  the  county  in  which  the  town  lies,  for 
the  benefit.of  the  common  schools  of  the  county. 

§  6.  It  is  the  duty  of  every  supervisor :  supervig- 

*].  To  disburse  the  school  moneys  in  his  hands,  or*1  duties, 
applicable  to  the  payment  of  teachers'  wages,  upon 
and  only  upon  the  written  orders  of  a  sole  trustee, 
or  a  majority  of  the  trustees^  in  favor  of  qualified 
teachers,  or  upon  the  order  of  a  trustee  of  a  separate 
neighborhood  in  favor  of  any  teacher  of  a  school  in 
an  adjoining  state,  recognized  by  him  and  patron- 
ized by  the  inhabitants  of  such  neighborhood.  Such 
teacher  shall  be  deemed  a  qualified  teacher. 

f2.  To  disburse  the  library  moneys  upon,  and 
only  upon,  the  written  orders  of  a  sole  trustee,  or  of 
a  majority  of  the  trustees. 

3.  In  the  case  of  a  union  free  school  district,  to 
pay  over  all  the  school  money  apportioned  thereto, 
whether    for  the  payment  of   teachers'  wages,    or 
as  library  moneys,  to  the  treasurer  of  such  district, 
upon  the  order  of  its  board  of  education. 

4.  To  keep  a  just  and  true  account  of  all  the  school 
moneys  received    and    disbursed    by   him   during 
each  year,  and  to  lay  the  same,  with  proper  vouchers, 
before  the  board  of  town  auditors  at  each  annual 
meeting  thereof. 

5.  To  have  a  bound  blank  book  (the  cost  of  which 
shall  be  a  town  charge),  and  to  enter  therein  all  his 
receipts  and  disbursements  of  school  moneys,  speci- 

*As  amended  by  sec.  12,  chap.  567,  Laws  of  1875. 
tAs  amended  by  sec.  13,  chap.  567,  Laws  of  1875. 


30  ACT  RELATING  TO 

fying  from  whom  and  for  what  purposes  they  were 
received,  and  to  whom  and  for  what  purposes  they 
were  paid  out ;  and  to  deliver  the  book  to  his  suc- 
cessor in  office. 

6.  Within  fifteen  days  after  the  termination  of 
his  office,  to  make  out  a  just  and  true  account  of 
all  school  moneys  theretofore  received  by  him  and  of 
all  disbursements  thereof,   and  to  deliver  the  same 
to  the  town  clerk,  to  be  filed  and  recorded,  and  to 
notify  his  successor  in  office  of  such  rendition  and 
filing. 

7.  So  soon  as  the  bond  to  the  county  treasurer,  by 
the  third  article  of  the  third  title  of  this  act  required, 
shall  have  been  given  by  him  and  approved  by  the 
treasurer,  to  deliver  to  his  predecessor  thejreasurer'  s 
certificate  of  these  facts,  to  procure  from  the  town 
clerk  a  copy  of  his  predecessor' s  account,  and  to 
demand  and  receive  from  him  any  and  all  school 
moneys  remaining  in  his  hands. 

8.  Upon  receiving  such  a  certificate  from  his  suc- 
cessor, and  not  before,  to  pay  to  him  all   school 
moneys  remaining  in  his  hands,  and  to  forthwith 
file  the  certificate  in  the  town  clerk' s  office. 

9.  By  his  name  of  office,  when  the  duty  is  not 
elsewhere  imposed  by  law,  to  sue  for  and  recover 
penalties  and  forfeitures  imposed  for  violations  of 
this  act,  and  for  any  default  or  omission  of  any 
town  officer  or  school  district  board  or  officer  under 
this  act ;   and  after  deducting  his  costs  and  ex- 
penses, to  report  the  balances  to  the  school  commis- 
sioner. 

10.  To  act,  when  thereto  legally  required,  in  the 
erection  or  alteration  of  a  school  district,  as  in  the 
sixth  title  of  this  act  provided,  and  to  perform  any 
other  duty  which  may  be  devolved  upon  him  by 
this  act,   or    any    other   act   relating   to   common 
schools. 


PUBLIC  INSTRUCTION.  31 


TITLE  Y. 

OV  THE  DUTIES    OF  THE    TOWN   CLERK   UNDER    THIS 

ACT. 

SECTION  1.    It  shall  be  the  duty  of  the  town  clerk  Duties  of 
of  each  town  :  town 

1.  Carefully  to  keep  all  books,  maps,  papers  and 
records  of  his  office  touching  common  schools,  and 
forthwith  to  report  to  the  supervisor  any  loss  of  or 
injury  to  any  of  them  which  may  happen. 

2.  To  receive  from  the  supervisor  the  certificates 
of  apportionment  of  school  moneys  to  the  town,  and 
to  record  them  in  a  book  to  be  kept  for  that  pur- 
pose. 

3.  Forthwith  to  notify  the  trustees  of  the  several 
school  districts  and  separate  neighborhoods,  of  the 
filing  of  each  such  certificate. 

*4.  To  see  that  the  trustees  of  the  school  districts 
and  separate  neighborhoods  make  and  deposit  with 
him  their  annual  reports  within  the  time  prescribed 
by  law,  and  to  deliver  them  to  the  school  commis-  Town 
sioner  on  demand  ;  and  to  furnish  the  school  com-  cjerktore 
missioner  of  the   school  commissioner  district  in  names  of 
which  his  town  is  situated,   the  names  and  post-of-  officers  to 
fice  address  of  the  school  district  officers  reported  to 
him  by  the  district  clerks. 

5.  To  distribute  to  the  trustees  of  the  school  dis- 
tricts and  separate  neighborhoods,  all  blanks  and 
circulars  which  shall  be  delivered  or  forwarded  to 
him  by  the  state  superintendent  or  school  commis- 
sioner for  that  purpose. 

6.  To  receive  from  the  supervisor,  and  record  in  a 
book  kept  for  that  purpose,  the  annual  account  of 
the  receipts  and  disbursements  of  school  moneys 
required  to  be  submitted  to  the  town  auditors  to- 
gether with  the  action  of  the  town  auditors  thereon, 
and  to  send  a  copy  of  the  account  and  of  the  action 
thereon,  by  mail,  to  the  superintendent  of  public  in- 
struction, whenever  required  by  him,  and  to  file  and 
preserve  the  vouchers  accompanying  the  account. 

*As  amended  by  sec.  5,  chap.  647,  Laws  of  1865. 


32  ACT  RELATING  TO 

7.  To  receive  and  to  record,  in  the  same  book,  the 
supervisor's  final    account  of    the  school  moneys 
received  and  disbursed  by  him,  and  deliver  a  copy 
thereof  to  such  supervisor's  successor  in  office. 

8.  To  receive  from  the  outgoing  supervisor,  and 
file  and  record  in  the  same  book,  the  county  treas- 
urer's certificate,  that  his  successor's  bond  has  been 
given  and  approved. 

9.  To  receive,  file  and  record  the  descriptions  of 
the  school    districts  and  neighborhoods,   and    all 
papers  and  proceedings  delivered  to  him  by  the 
school  commissioner  pursuant  to  the  next  title  of 
this  act. 

10.  To  act,  when  thereto  legally  required,  in  the 
erection  or  alteration  of  a  school  district,  as  in  the 
next  title  of  this  act  provided. 

*11.  To  receive  and  preserve  the  books,  papers 
and  records  of  any  dissolved  school  district,  which 
shall  be  ordered,  as  hereinafter  provided,  to  be  de- 
posited in  his  office. 

12.  To  perform  any  other  duty  which  may  be  de- 
volved upon  him  by  this  act,  or  by  any  other  act 
touching  common  schools. 

§  2.  The  necessary  expenses  and  disbursements  of 
the  town  clerk,  in  the  performance  of  said  duties, 
are  a  town  charge,  and  shall  be  audited  and  paid  as 
such. 

TITLE  VI. 

OF  THE  FORMATION,  DISSOLUTION  AND  ALTERATION 
OF  SCHOOL  DISTRICTS  AND  SEPARATE  NEIGHBOR- 
HOODS. 

sio™™'1^        SECTION  1.    It  shall  be  the  duty  of  each  school 
respect  to  commissioner,  in  respect  to  the  territory  within  his 

school  dis-  /:IiafT.i,»f  . 
tricts. 

1.  To  divide  it,  so  far  as  practicable,  into  a  conve- 
nient number  of  school  districts,  and  alter  the  same 
as  herein  provided  ; 

2.  In  conjunction  with  the  commissioner  or  com- 
missioners of  an  adjoining  school  commissioner  dis- 

*Original  sub-division  11  stricken  out  by  sec.  18,  chap.  647,  Laws  of  1865. 


PUBLIC  INSTRUCTION.  33 

trict  or  districts,  to  set  off  joint  districts  composed  of 
'adjoining  parts  of  their  respective  districts  ; 

3.  To  set  off  by  itself  any  neighborhood  adjoining 
any  other  state  of  the  Union,  where  it  shall  be  found 
most  convenient  for  the  inhabitants  to  send  their 
children  to  a  school  in  such  adjoining  state; 

4.  To  describe  and  number  the  school  districts,  and 
joint  districts,  and  to  deliver,  in  writing,  to  the  town 
clerk,  the  description  and  number  of  each  district 
lying  in  whole  or  in  part  in  his  town,  together  with 
all  notices,  consents  and  proceedings  relating  to  the 
formation  or  alteration  thereof,    immediately  after 
such  formation  or  alteration.    Every  joint  district 
shall  bear  the  same  number  in  every  school  commis- 
sioner district  of  whose  territory  it  is  in  part  com- 
posed. 

5.  To  deliver  to  the  town- clerk  of  the  town  in  which 
it  lies,  in  whole  or  in  part,  a  description  of  each  such 
separate  neighborhood. 

*§  2.  With  the  written  consent  of  the  trustees  of  May  alter 
all  the  districts  to  be  affected  thereby,  he  may,  by 
order,  alter  any  school-district  within  his  jurisdic- 
tion.  and  fix,  by  said  order,  a  day  when  the  altera- 
tion shall  take  effect. 

t  §  3.  If  the  trustees  of  any  such  district  refuse  to 
consent,  he  may  make  and  file  with  the  town-clerk 
his  order  making  the  alteration,  but  reciting  the 
refusal,  and  directing  that  the  order  shall  not  take 
effect,  as  to  the  dissenting  district  or  districts,  until 
a  day  therein  to  be  named,  and  not  less  than  three 
months  after  the  notice  in  the  next  section  mentioned. 

£  §  4.  Within  ten  days  after  making  and  filing  such 
order,  he  shall  give  at  least  a  week's  notice,  in  writ- 
ing,  to  one  or  more  of  the  assenting  and  dissenting  theaaSters£ 
trustees  of  any  district  or  districts  to  be  affected  by 
the  proposed  alterations,  that  at  a  specified  time  and  trict 
at  a  named  place  within  the  town  in  which  either  of 
the  districts  to  be  affected  lies,  he  will  hear  the  objec- 
tions to  the  alteration.   The  trustees  of  any  district  to 
be  affected  by  such  order  may  request  the  supervisor 


*  As  amended  by  sec.  5,  chap.  406,  Laws  of  1867. 
+  As  amended  by  sec.  6,  chap.  406,  Laws  of  1867. 
%  As  amended  by  sec.  6,  chap.  647,  Laws  of  1865. 

5 


34  ACT  EELATING  TO 

and  town- clerk  of  the  town  or  towns  within  which 
such  district  or  districts  shall  wholly  or  partly  lie,  to 
be  associated  with  the  commissioner.  At  the  time 
and  place  mentioned  in  the  notice,  the  commissioner 
or  thfe  commissioners,  with  the  supervisors  and  town- 
clerks,  if  they  shall  attend  and  act,  shall  hear  and 
decide  the  matter  ;  and  the  decision  shall  be  final, 
unless  duly  appealed  from.  Such  decision  must 
either  confirm  or  vacate  the  order  of  the  commis- 
sioner, and  must  be  filed  with  and  recorded  by  the 
town-clerk  of  the  town  or  towns  in  which  the  district 
or  districts  affected  shall  lie. 

supervisor  §  6.  The  supervisor  and  town  clerk  shall  be  enti- 
and  town  tied  each,  to  one  dollar  and  fifty  cents  a  day,  for  each 

olerk.  .,       ,  '  .  J  .        J  '  .     , 

day  s  service  m  any  such  matter,  to  be  levied  and 
paid  as  a  charge  upon  their  town, 
formation      §  6.  Whenever  it  may  become  necessary  or  conve- 

of  joint  .  °  „  T_        i    T    i   •    i.  if  i         if    j 

districts,  ment  to  form  a  school  district  out  of  parcels  ot  two 
or  more  school  commissioner  districts,  the  commis- 
sioners of  such  districts,  or  a  majority  of  them,  may 
form  such  district ;  and  the  commissioners  within 
whose  districts  any  such  school  district  lies  or  a  ma- 
jority of  them,  may  alter  or  dissolve  it. 

§  ^'  ^  a  scno°l  commissioner,  by  notice  in  writing, 
shall  require  the  attendance  of  the  other  commis- 
sioner  or  commissioners,  at  a  joint  meeting  for  the 
purpose  of  altering  or  dissolving  such  a  joint  dis- 
trict, and  a  majority  of  all  the  commissioners  shall 
refuse  or  neglect  to  attend,  the  commissioner  or 
commissioners  attending,  or  an-y  one  of  them,  may 
call  a  special  meeting  of  such  school  district,  for  the 
purpose  of  deciding  whether  or  no  such  district  shall 
be  dissolved  ;  and  its  decision  of  that  question  shall, 
be  as  valid  as  though  made  by  the  commissioners. 
Spnsofda~  §  8.  When  two  or  more  districts  shall  be  consoli- 
districta.  dated  into  one,  the  new  district  shall  succeed-to  all 
the  rights  of  property  possessed  by  the  annulled 
districts. 

supervisor  *g  9  When  a  district  is  parted  into  portions, 
property  of  which  are  annexed  to  other  districts,  its  property 
d°s-u  shall  be  sold  by  the  supervisor  of  the  town,  within 


tricts. 


*  As  amended  by  sec.  14,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  35 

which  its  school-house  is  situate,  at  public  auction 
after  at  least  five  days'  notice,  by  notices  posted  in 
three  or  more  public  places  of  the  town  in  which  the 
school -house  is,  one  of  which  shall  be  posted  in  the 
district  so  dissolved.  The  supervisor  after  deducting 
the  expenses  of  the  sale  shall  apply  its  proceeds  to 
the  payment  of  the  debts  of  the  district,  and  ap- 
portion the  residue,  if  any,  among  the  owners  or 
possessors  of  taxable  property  in  the  district,  in  the 
ratio  of  their  several  assessments  on  the  last  corrected 
assessment  roll  or  rolls  of  the  town  or  towns,  and 
pay  it  over  accordingly. 

§  10.  The  supervisor  of  the  town  within  which  the  f£P^vjJor 
school-house  of  the  dissolved  district  was  situate,  putstand- 
may  demand,  sue  for,  and  collect,  in  his  name  of  eylmoa" 
office,  any  money  of  the  district  outstanding  in  the 
hands  of  any  of  its  former  officers,  or  any  other  per- 
son; and  after  deducting  his  costs  and  expenses, 
shall  report  the  balance  to  the  school  commissioner, 
who  shall  apportion  the  same  equitably  among  the 
districts  to  which  the  parts  of  the  dissolved  district 
were  annexed,  to  be  by  them  applied  as  their  dis- 
trict meetings  shall  determine. 

§  11.  Though  a  district  be  dissolved,  it  shall  con-  Dissolved 
tinue  to  exist  in  law,  for  the  purpose  of  providing  eilst^n to 
for  and  paying  all  its  just  debts  ;  and  to  that  end  law  for 
the  trustees  and  other  officers  shall  continue  in  office,  of  itsmt 
and  the  inhabitants  may  hold  special  meetings,  elect  affairs- 
officers  to  supply  vacancies,  and  vote  taxes ;  and  all 
other  acts  necessary  to  raise  money  and  pay  such 
debts  shall  be  done  by  the  inhabitants  and  officers 
of  the  district. 

§  12.  The  commissioner,  or  a  majority  of  the  com-  Eecords, 
missioners  in  whose  district  or  districts  a  dissolved  deposited6 
school  district  was,  shall  by  his  or  their  order  in 
writing,  delivered  to  the  clerk  of  the  district,  or  to 
any  person  in  whose  possession  the  books,  papers 
and  records  of  the  district,  or  any  of  them,  may  be, 
direct  such  clerk  or  other  person  to  deposit  the  same 
in  the  clerk's  office  in  a  town  in  the  order  named. 
Such  clerk  or  other  person  by  neglect  or  refusal  Penalty 
to  obey  the  order,  shall  forfeit  fifty  dollars,  to  be  f< 
applied  to   the  benefit  of  common  schools  of  said 


36  ACT  KELATINQ  TO 

town.    The  commissioner  or  commissioners  shall  file 
a  duplicate  of  the  order  with  such  clerk. 


TITLE  VII. 

OF  SCHOOL  DISTRICT  AND  NEIGHBORHOOD  MEET- 
INGS, AND  OF  THE  CHOICE,  DUTIES  AND  POWERS 
OF  SCHOOL  DISTRICT  AND  NEIGHBORHOOD  OFFI- 
CERS. 

FIRST  ARTICLE. 

Of  school  district  and  neigliborTiood  meeting  s>  the 
voters  and  their  powers  generally. 

Sonerto        SECTION  1.  Whenever  any  school  district  or  sepa- 
descnrbe°    rate  neighborhood   shall  be  formed,    the  commis- 
trlct  and    sioner  or  any  one  or  more  of  the  commissioners, 
tkSeiflora  within  whose  district  or  districts  it  may  be,  shall 
first  meet-  prepare  a  notice  describing  such  district  or  neigh- 
borhood, and  appointing  a  time  and  place  for  the 
first  district  or  neighborhood  meeting,  and  deliver 
such  notice  to  a  taxable  inhabitant  of  the  district  or 
neighborhood. 

?u°chce  °f  §  ?.  It  shall  be  the  duty  of  such  inhabitant  to 
meeting,  notify  every  other  inhabitant  of  the  district  or  neigh- 
borhood, qualified  to  vote  at  the  meeting,  by  read- 
ing the  notice  in  his  hearing,  or  in  case  of  his  ab- 
sence from  home,  by  leaving  a  copy  thereof,  or  so 
much  thereof  as  relates  to  the  time,  place  and  object 
of  the  meeting,  at  the  place  of  his  abode  at  least  six 
days  before  the  time  of  the  meeting. 

Notice  of  §3.  Incase  such  meeting  shall  not  be  held,  and 
meeting,  in  the  opinion  of  the  commissioner,  it  shall  be  neces- 
sary to  hold  such  meeting  before  the  time  herein 
fixed  for  the  first  annual  meeting,  he  shall  deliver 
another  such  notice  to  a  taxable  inhabitant  of  the 
district  or  neighborhood,  who  shall  serve  it  as  here- 
inbefore provided. 

commis-  §  ^*  When  the  clerk  and  all  the  trustees  of  a  school 
sioner  may  district  shall  have  removed  from  the  district,  or  their 
meeting,  office  shall  be  vacant,  so  that  a  special  meeting  can- 


PUBLIC  INSTKUCTION.  37 

not  be  called,  as  hereinafter  provided,  the  commis- 
sioner may  in  like  manner  give  notice  of  and  call  a 
special  district  meeting. 

§  5.  Every  taxable  inhabitant  to  whom  a  notice  of '  Jfrn^sal 
any  district  meeting  shall  be  delivered  for  service,*  toT/iv"ss 
pursuant  to  any  provision  of  this  article,  who  shall  n   ice< 
refuse  or  neglect  to  serve  the  same,  as  hereinbefore 
prescribed,  shall  forfeit  five  dollars  for  the  benefit  of 
the  district. 

*§  6.  A  special  district  meeting  shall  beheld  when-  special 
ever  called  by  the  trustees.  The  notice  thereof  shall  rc 
state  the  purposes  for  which  it  is  called  and  no  busi- 
ness shall  be  transacted  at  such  special  meeting, 
except  that  which  is  specified  in  the  notice ;  and 
the  district  clerk,  or  if  the  office  be  vacant,  or  he  be 
sick  or  absent,  or  shall  refuse  to  act,  a  trustee  or 
some  taxable  inhabitant,  by  order  of  the  trustees, 
shall  serve  the  notice  upon  each  inhabitant  of  the 
district  qualified  to  vote  at  district  meetings,  at  least 
five  days  before  the  day  of  the  meeting,  in  the  man- 
ner prescribed  in  the  second  section  of  this  title. 
But  the  inhabitants  of  any  district  may,  at  any 
annual  meeting,  adopt  a  resolution  prescribing  some 
other  mode  of  giving  notice  of  special  meetings, 
which  resolution  and  the  mode  prescribed  thereby 
shall  continue  in  force  until  rescinded  or  modified 
at  some  subsequent  annual  meeting. 

§  7.  The  proceedings  of  no  neighborhood  or  dis-  proceed- 
trict  meeting,  annual  or  special,  shall  be  held  illegal  ^epun1 
for  want  of  a  due  notice  to  all  the  persons  quali-  case  of 
fied  to   vote  thereat,    unless  it  shall  appear  that  neglect.60 
the  omission  to  give  such  notice  was  willful  and 
fraudulent. 

t  §  8.  The  annual  meeting  of  each  neighborhood  Time  of 
shall  be  held  on  the  second  Tuesday  of  October  in 
each  year,  at  the  hour  and  place  fixed  by  the  last 
previous  neighborhood  meeting ;  or,   if  such  hour  Holding 
and  place  has  not  been  so  fixed,  then  at  the  hour  school 
and  place  of  such  last  meeting ;  or  if  such  place  be  meetlne- 

*  As  amended  by  sec.  15,  chap.  567,  Laws  of  1875. 
t  As  amended  by  sec.  7,  chap.  647,  Laws  of  1865. 


38  ACT  EELATING  TO 

no  longer  accessible,  then  at  such  other  place  as  the 
trustees,  or  if  there  be  no  trustees,  the  clerk  shall  in 
the  notices  designate. 

*§  9.  An  annual  meeting  of  each  school  district 
shall  be  held  on  the  second  Tuesday  of  October  in 
each  year,  and  unless  the  hour  and  the  place  there- 
for shall  have  been  fixed  by  the  vote  of  a  previous 
district  meeting,  the  same  shall  be  held  in  the  school- 
house  at  seven  o'clock  in  the  evening.  If  a  district 
possesses  more  than  one  school-house,  it  shall  be 
held  in  the  one  usually  employed  for  that  purpose, 
unless  the  trustees  designate  another.  If  the  dis- 
trict possesses  no  school-house,  or  if  the  school- 
house  shall  be  no  longer  accessible,  then  the  annual 
meeting  shall  be  held  at  such  place  as  the  trustee, 
or  if  there  be  no  trustee,  the  clerk  shall  designate, 
in  the  notice. 

procedure  §  1.0-  Whenever  the  time  for  holding  the  annual 
?nhnuaihe  mee^ng  *n  school  districts  shall  pass  without 
meeting  such  meeting  being  held  in  any  district,  a  special 
been  held,  meeting  shall  thereafter  be  called  by  the  trustees  or 
by  the  clerk  of  such  district,  for  the  purpose  of 
transacting  the  business  of  the  annual  meeting ; 
and  if  no  such  meeting  be  called  by  the  trustees 
or  the  clerk  within  twenty  days  after  such  time 
shall  have  passed,  the  supervisor  or  the  superintend- 
ent of  public  instruction  may  order  any  inhabitant 
of  such  district  to  give  notice  of  such  meeting  in 
the  manner  provided  in  the  second  section  of  this 
title,  and  the  officers  of  the  district  shall  make  to 
such  meeting  the  reports  required  to  be  made  at  the 
annual  meeting,  subject  to  the  same  penalty  in  case 
of  neglect ;  and  the  officers  elected  at  such  meet- 
ing shall  hold  their  respective  offices  only  until  the 
next  annual  meeting  and  until  their  successors  are 
elected  and  shall  have  qualified  as  in  this  act  pro- 
vided. 

§  11.  Whenever  any  district  or  neighborhood 
meeting  shall  be  duly  called,  it  shall  be  the  duty 
of  the  inhabitants  qualified  to  vote  thereat  to  as- 
semble at  the  time  and  place  fixed  for  the  meet- 
ing^  

*As  amended  by  sec.  16,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  39 

*§  12.  Every  male  person  of  full  age  residing  in  any  voters; 
neighborhood  or  school  district,  and  entitled  to  hold 
lands  in  this  state,  who  owns  or  hires  real  property 
in  such  neighborhood  or  school  district  liable  to  tax- 
ation for  school  purposes,  and  every  resident  of 
such  neighborhood  or  district  authorized  to  vote  at 
town  meetings  of  the  town  in  which  he  resides,  who 
has  permanently  residing  with  him  a  child  or  chil- 
dren of  school  age,  some  one  or  more  of  whom  shall 
have  attended  the  district  school  for  a  period  of  at 
least  eight  weeks  within  one  year  preceding,  or  who 
owns  any  personal  property  liable  to  be  taxed  for 
school  purposes  in  any  such  district,  exceeding 
fifty  dollars  in  value,  exclusive  of  such  as  is  exempt 
from  execution,  and  no  other  shall  be  entitled  to 
vote  at  any  school  meeting  held  in  such  neighbor- 
hood or  district. 

§  13.  If  any  person  offering  to  vote  at  any  neigh- 
borhood  or  school  district  meeting  shall  be  chal-  fl 
lenged  as  unqualified,  by  any  legal  voter  in  such 
neighborhood  or  district,  the  chairman  presiding  at 
such  meeting  shall  require  the  person  so  offering,  to 
make  the  following  declaration :  "  I  do  declare  and 
affirm  that  I  am  an  actual  resident  of  this  school 
district  (or  separate  neighborhood),  and  that  I  am 
qualified  to  vote  at  this  meeting."  And  every  per- 
son making  such  declaration  shall  be  permitted  to 
vote  on  all  questions  proposed  at  such  meeting  ;  but 
if  any  person  shall  refuse  to  make  such  declaration, 
his  vote  shall  be  rejected. 

§  14.  Any  person  who,  upon  being  so  challenged, 
shall  willfully  make  a.  false  declaration  of  his  right  ngl6 ' 
to  vote  at  any  such  meeting,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  punished  by  imprisonment 
in  the  county  jail  for  not  less  than  six  months  nor 
more  than  one  year.  And  any  person  not  qualified 
to  vote  at  any  such  meeting,  who  shall  vote  thereat, 
shall  thereby  forfeit  five  dollars,  to  be  sued  for  by  the 
supervisors  for  the  benefit  of  the  common  schools 
of  the  town. 


*As  amended  by  sec.  7,  chap.  406,  Laws  of  1867. 


40 


ACT  KELATING  TO 


Powers  of 
neighbor- 
hood 
meeting. 


Powers  of 

district 

meeting. 


Tax  for 
sites,  etc. 


Tax  for  ap- 
paratus 
and  text- 
books. 


§  15.  The  inhabitants  of  any  neighborhood  enti- 
tled to  vote,  when  assembled  in  any  annual  meeting 
or  any  other  neighborhood  meeting  duly  called  by 
the  commissioner,  pursuant  to  the  first  or  third  sec- 
tions of  this  title,  shall  have  power  by  a  majority  of 
the  votes  of  those  present : 

1.  To  appoint  a  chairman  for  the  time  being. 

2.  To  choose  a  neighborhood  clerk  and  one  trus- 
tee, and  to  fill  vacancies  in  office. 

§  16.  The  inhabitants  so  entitled  to  vote,  when  duly 
assembled  in  any  district  meeting,  shall  have  power, 
by  a  majority  of  the  votes  of  those  present  : 

1.  To  appoint  a  chairman  for  the  time  being. 

2.  If  the  district  clerk  be  absent,  to  appoint  a  clerk 
for  the  time. 

3.  To  adjourn  from  time  to  time,  as  occasion  may 
require. 

*  4.  To  choose  one  or  three  trustees  as  hereinafter 
provided,  a  district  clerk,  a  district  collector,  a  libra- 
rian, at  their  first  meeting,  and  so  often  as  such  offices 
or  any  of  them  become  vacated,  except  as  hereinaf- 
ter provided. 

5.  To  fix  the  amount  in  which  the  collector  shall 
give  bail  for  the  due  and  faithful  performance  of  the 
duties  of  his  office. 

6.  To  designate  a  site  for  a  school-house,  or,  with 
the  consent  of  the  commissioner  or  commissioners 
within  whose  district  or  districts  the  school  district 
lies,  to  designate  sites  for  two  or  more  school-houses 
for  the  district. 

f  7.  To  vote  a  tax  upon  the  taxable  property  of  the 
district  to  purchase,  lease  or  improve  such  site  or 
sites,  and  to  hire,  build  or  purchase  such  school- 
houses,  and  to  keep  in  repair  and  furnish  the  same 
with  necessary  fuel  and  appendages. 

8.  To  vote  a  tax,  not  exceeding  twenty-five  dollars 
in  any  one  year,  for  the  purchase  of  maps,  globes, 
blackboards,  and  other  school  apparatus,  and  for 
the  purchase  of  text- books  and  other  school  neces- 
saries for  the  use  of  poor  scholars  of  the  district. 

*  Note.  In  relation  to  election  of  trustees  in  districts  having  over  300 
children  of  school  age,  see  chapter  248,  Laws  of  1878,  in  the  appendix. 

t  As  amended  by  sec.  17,  chapter  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  41 

*  9.  To  vote  a  tax,  not  exceeding  ten  dollars  in  any  Tax  for 
one  year,  for  the  purchase  of  such  books  as  they  j^rM? 
shall  direct  for  the  district  library,  and  such  further 
sum  as  they  may  deem  necessary  for  the  purchase  of 
a  book-case. 

10.  To  vote  a  tax  to  supply  a  deficiency  in  any  For 
former  tax,  arising  from  such  tax  being,  in  whole  or  d' 
in  part,  uncollectible. 

11.  To  authorize  the  trustees  to  cause  the  school-  JjfJJJJJJJf 
house  or  school-houses,  and  their  furniture,  append-  h£use.°° 
ages  and  school  apparatus  to  be  insured  by  any  insur- 

ance company  created  by  or  under  the  laws  of  this 
state. 

12.  To  alter,  repeal  and  modify  their  proceedings 
from  time  to  time,  as  occasion  may  require. 

13.  To  vote  a  tax  for  the  purchase  of  a  book  for 
the  purpose  of  recording  their  proceedings. 

14.  To  vote  a  tax  to  replace  moneys  of  the  district, 
lost  or  embezzled  by  district  officers  ;  and  to  pay  the 
reasonable  expenses  incurred  by  district  officers  in 
defending  suits  or  appeals  brought  against  them  for 
their  official  acts,  or  in  prosecuting  suits  or  appeals 
by  direction  of  the  district  against  other  parties. 

15.  To  vote  a  tax,  not  exceeding  twenty-five  dol-  Tax  for 
lars  in  each  year,  for  anticipated  deficiencies  or  c?e^?ngett 
contingencies,  or  to  pay  the  wages  of  teachers  in  antic- 
ipation of  the  ordinary  collections  for  that  purpose, 

to  be  replaced  by  such  collections  when  made. 

f  16.  To  vote  a  tax  to  pay  whatever  deficiency  there  Tax  for 
may  be  in  teachers'  wages  after  the  public  money 
apportioned  to  the  district  shall  have  been  applied 
thereto  ;  but  if  the  inhabitants  shall  neglect  or  refuse 
to  vote  a  tax  for  this  purpose,  or  if  they  shall  vote 
a  tax  which  shall  prove  insufficient  to  cover  such  defi- 
ciency, then  the  trustees  are  authorized,  and  it  is 
hereby  made  their  duty,  to  raise  by  district  tax,  any 
reasonable  sum  that  may  be  necessary  to  pay  the 
balance  of  teachers'  wages  remaining  unpaid,  the 


*  Amended  so  as  to  admit  of  voting  $50  a  year.  See  sec.l,  title  8  of  this 
act,  as  amended  by  sec.  26,  chap.  567,  Laws  of  1875. 

t  This  sub-division  added  by  sec.  8,  chapter  406,  Laws  of  1867. 

6 


42 


ACT  KELAT1NG  TO 


same  as  if  such  tax  had  been  authorized  by  a  vote  of 
the  inhabitants. 


School- 
house, 
location 
of. 

May  vote 
tax  of 
$1,000,  to 
build 
school- 
house. 


Tax  may 
be  levied 
in  install- 
ments. 


Trustees 

may 

borrow 


SECOND   AKTIOLE. 

Of  district  school-houses  and  sites. 

§  17.  No  school-house  shall  be  built  so  as  to  stand 
in  whole  or  in  part,  upon  the  division  line  of  any 
two  towns. 

*§  18.  No  tax  voted  by  a  district  meeting  for  build- 
ing, hiring  or  purchasing  a  school-house,  exceeding 
the  sum  of  one  thousand  dollars,  shall  be  levied  by 
the  trustees,  unless  the  commissioner,  in  whose  dis- 
trict the  school-house  of  said  district  is  situated, 
shall  certify  in  writing  his  approval  of  such  larger 
sum. 

t§  19.  Whenever  the  majority  of  all  the  inhabitants 
of  any  school  district  entitled  to  vote,  to  be  ascer- 
tained by  taking  and  recording  the  ayes  and  noes  of 
such  inhabitants  attending  at  any  annual,  special  or 
adjourned  school  district  meeting,  legally  called  or 
held,  shall  determine  that  the  sum  proposed  and 
provided  for  in  the  next  preceding  section  shall 
be  raised  by  installments,  it  shall  be  the  duty  of 
the  trustees  of  such  district,  and  they  are  hereby 
authorized  to  cause  the  same  to  be  raised,  levied  and 
collected  in  equal  installments  in  the  same  manner 
and  with  the  like  authority  that  other  school  taxes 
are  raised,  levied  and  collected  and  to  make  out  their 
tax  list  and  warrant  for  the  collection  of  such  in- 
stallments, with  interest  thereon  as  they  become 
payable  according  to  the  vote  of  the  said  inhabitants  ; 
but  the  payment  or  collection  of  the  last  install- 
ment shall  not  be  extended  beyond  ten  years  from 
the  time  such  vote  was  taken ;  and  no  vote  to  levy 
any  such  tax  shall  be  reconsidered  except  at 
an  adjourned,  general  or  special  meeting  to  be 
held  within  thirty  days  thereafter,  and  the  same 
majority  shall  be  required  for  reconsideration  that 
was  had  to  impose  such  tax.  For  the  purpose  of 

*  As  amended  by  sec.  9,  chap.  406,  Laws  of  1867. 
t  As  amended  by  sec.  18,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  43 

giving  effect  to  these  provisions,  the  trustees  are 
hereby  authorized,  whenever  a  tax  shall  have  been 
voted  to  be  collected  in  installments  for  the  purpose 
of  building  a  new  school-house,  to  borrow  so  much 
of  the  sum  voted  as  may  be  necessary,  at  a  rate  of 
interest  not  exceeding  seven  per  cent,  and  to  issue 
bonds  or  other  evidences  of  indebtedness  therefor, 
which  shall  be  a  charge  upon  the  district,  and  be 
paid  at  maturity,  and  which  shall  not  be  sold  below 
par ;  due  notice  of  the  sale  of  such  bonds  shall  be 
given  at  least  ten  days  prior  thereto,  of  time  and 
place  of  such  sale. 

*§  20.  So  long  as  a  district  shall  remain  unaltered,  provisions 
the  site  of  a  school-house  owned  by  it,  upon  which  £;S§S£e 
there  is  a  school-house  erected  or  in  process  of  erec-  of  schooi- 
tion,  shall  not  be  changed,  nor  such  school-house  be  h< 
removed,  unless  by  the  consent,  in  writing,  of  the 
supervisor  or  supervisors  of  the  town  or  towns  within 
which  such  district  shall  be  situated,  stating  that  in 
his  or  their  opinion  such  removal  is  necessary  ;  nor 
with  such  consent,  unless  a  majority  of  all  the  legal 
voters  of  said  district,   present  and  voting,  to   be 
ascertained  by  taking  and  recording  the  ayes  and 
noes,  at  a  special  meeting  called  for  that  purpose, 
shall  be  in  favor  of  such  new  site. 

§21.  Whenever  the  site  of  a  school-house  shall  Proceed- 
have  been  changed,  as  herein  provided,  the  inhabit-  lh?3sa?e  of 
ants  of  a  district  entitled  to  vote,  lawfully  assembled  ap^te- 
at  any  district  meeting,  shall  have  power,  by  a  major-  nances, 
ity  of  the  votes  of  those  present,  to  direct  the  sale 
of  the  former  site  or  lot,  and  the  buildings  thereon 
and  appurtenances,  or  any  part  thereof,  at  such  price 
and  upon  such  terms  as  they  shall  deem  proper;  and 
any  deed  duly  executed  by  the  trustees  of  such  dis- 
trict, or  a  majority  of  them,  in  pursuance  of  such 
direction,  shall  be  valid  and  effectual  to  pass  all  the 
estate  or  interest  of  such  school  district  in  the  prem- 
ises, and  when  a  credit  shall  be  directed  to  be  given 
upon  such  sale  for  the  consideration  money,  or  any 
part  thereof,  the  trustees  are  hereby  authorized  to 
take  in  their  corporate  name  such  security  by  bond 

*  As  amended  by  sec.  8,  chap.  647,  Laws  of  1865. 


44  ACT  EELATING  TO 

and  mortgage  or  otherwise,  for  the  payment  thereof, 
as  they  shall  deem  best,  and  shall  hold  the  same  as  a 
corporation,  and  account  therefor,  to  their  successors 
in  office  and  to  the  district,  in  the  manner  they  are 
now  required  by  law  to  account  for  moneys  received 
by  them  ;  and  the  trustees  of  any  such  district  for  the 
time  being  may,  in  their  name  of  office,  sue  for  and 
recover  the  moneys  due  and  unpaid  upon  any  secu- 
rity so  taken  by  them  or  their  predecessors. 
Moneys          §  22.  All  moneys  arising  from  any  sale  made  in 
Somnfhe    pursuance  of  the  last  preceding  section,  shall  be 
aalen £uo  aPP^e<3- to  the  expenses  incurred  in  procuring  a  new 
site,  and  in  removing  or  erecting  thereon  a  school- 
houses,      house,  and  improving  and  furnishing  such  site  and 
house,  and  their  appendages,  so  far  as  such  applica- 
tion shall  be  necessary  ;  and  the  surplus,  if  any,  shall 
be  devoted  to  the  purchase  of  school  apparatus  and 
the  support  of  the'school  as  the  inhabitants  at  any 
annual  meeting  shall  direct. 


THIRD   ARTICLE. 

Of  the  qualification,  election,  choice  and  terms  of 
office  of  district  and  neighborhood  officers,  and  of 
vacancies  in  such  offices. 

Trustee  §  ?8<  -^o  scno°l  commissioner  or  supervisor  is 
who  may  eligible  to  the  office  of  trustee,  nor  can  either  be  a 
the  omcde  member  of  any  board  of  education  within  his  district 
of-  or  town  ;  and  no  trustee  can  hold  the  office  of  dis- 

trict clerk,  collector  or  librarian. 

floe?mustf"     §  ^'  -?very  district  and  neighborhood  officer  must 
reSde1  ?n    be  a  resident  of  his  district  and  neighborhood,  and 
trictdis"      qualified  to  vote  at  its  meetings. 
Terms  of        §  ^'  From  one  annual  meeting  to  the  next  is  a 
office.        year,  within  the  meaning  of  the  following  provisions: 
The  term  of  office  of  a  trustee  of  a  neighborhood, 
and  a  sole  trustee  of  a  district  is  one  year.     The  full 
term  of  a  joint  trustee  is  three  years,   but  a  joint 
trustee  may  be  elected  for  one  or  two  years,  as 
herein  provided.    The  term  of  office  of  all  other  dis- 
trict and  neighborhood  officers  is  one  year.    Every 
district  and  neighborhood  officer  shall  hold  his  office 


PUBLIC  INSTEUOTION.  45 

unless  removed,  during  his  term  of  office,  and  until 
his  successor  shall  be  elected  or  appointed. 

§  26.  The  terms  of  all  officers  elected  at  the  first  officers  of 
meeting  of  a  newly  erected  neighborhood  or  dis- 
trict,  except  of  a  union  free  school  district,  shall 
expire  on  the  second   Tuesday  of    October,  nexfc 
thereafter. 

*§  27.  On  the  second  Tuesday  of  October  next 
after  the  erection  of  a  district,  at  its  first  annual  or  three 
meeting,  the  electors  shall  determine  by  resolution,  trustees- 
whether  the  district  shall  have  one  or  three  trus- 
tees, and  if  they  resolve  to  have  three  trustees, 
shall  elect  the  three  for  one,  two  and  three  years 
respectively,  and  shall  designate  by  their  votes,  for 
which  term  each  is  elected ;  thereafter  in  such  dis- 
trict, one  trustee  shall  be  elected  at  each  annual 
meeting  to  fill  the  office  of  the  outgoing  trustee. 
The  electors  of  any  district  having  three  trustees 
shall  have  power  to  decide  by  resolution,  at  any 
annual  meeting,  whether  the  district  shall  have  a 
sole  trustee  or  three  trustees,  and  if  they  resolve  to 
have  a  sole  trustee,  the  trustee  or  trustees  in  office 
shall  continue  in  office  until  their  term  or  terms 
of  office  shall  expire,  and  no  election  of  a  trustee 
shall  be  h.ad  in  the  district  until  the  offices  of  such 
trustee  or  trustees  shall  become  vacant  by  the  expi- 
ration of  their  terms  of  office  or  otherwise,  and  there- 
after but  one  trustee  styall  be  elective  for  said  district, 
until  the  electors  of  a  district  having  one  trustee 
shall  determine  at  an  annual  meeting,  by  a  two- 
thirds  vote  of  the  legal  voters  present  thereat,  to 
have  three  trustees  ;  in  which  case  they  shall,  upon 
the  adoption  of  such  resolution,  proceed  to  elect 
three  trustees  in  the  same  manner  as  provided  in 
this  section  for  the  election  of  three  trustees  at  the 
first  annual  meeting  after  the  erection  of  a  district ; 
and  thereafter  in  such  district,  one  trustee  shall 
be  elected  for  three  years,  at  each  annual  meeting, 
to  fill  the  office  of  the  outgoing  trustee. 

*  As  amended  by  chap.  173, Laws  of  1878. 


46  ACT  RELATING  TO 

£oufyto  *§  28-  Jt  sha11  be  tne  dut7  of  the  district  clerk,  and 
persons  of  the  neighborhood  clerk,  or  of  any  person  who  shall 
t:>  act  as  clerk  at  any  district  or  neighborhood  meeting, 
when  any  officer  shall  be  elected,  forthwith  to  give 
the  person  elected  notice  thereof  in  writing  ;  and  such 
person  shall  be  deemed  to  have  accepted  the  office, 
unless,  within  five  days  after  the  service  of  such  notice, 
he  shall  file  his  written  refusal  of  it  with  the  clerk. 
The  presence  of  any  such  person  at  the  meeting 
which  elects  him  to  office,  shall  be  deemed  a  sufficient 
no^ce  to  ^™  of  his  election. 


vacates°hiB      §  29.  The  collector  vacates  his  office  by  not  execut- 
notcexecu-  ing  a  bond  to  the  trustees,  as  hereinafter  required, 
ting  bond.  an^  the  trustees  may  supply  the  vacancy, 
vacancy        §  30.  In  case  the  office  of  a  trustee  shall  be  vacated 
trustee!  °f  ^7  his  death,  refusal  to  serve,  incapacity,  removal 
how  ailed,  from  the  district  or  neighborhood,  or  by  his  being 
removed  from  the  office,  or  in  any  other  manner,  and 
the  vacancy  be  not  supplied  by  a  district  or  neigh- 
borhood meeting  within   one  month  thereafter,  the 
supervisor  of  the  town  within  which  the  school-house 
or  principal  school-house  of  the  district  is,  or  within 
which  the  neighborhood  or  any  part  thereof  is,  may, 
by  a  writing  under  his  hand,  appoint  a  competent 
person  to  fill  it. 

Neglect  of      §  31.  A  trustee  who  publicly  declares  that  he  will 
refusal  to   not  accept  or  serve  in  the  office  of  trustee,  or  who 
vSes      refuses  or  neglects  to  attend  three  successive  meet- 
office,        ings  of  the  board,  of  which  he  is  duly  notified,  with- 
out rendering  a  good  and  valid  excuse  therefor  to 
the  other  trustees,  or  trustee,  where  there  are  but 
two,  vacates  his  office  by  refusal  to  serve. 
Trustees        §  32.  Any  vacancy  in  the  office  of  district  clerk, 
vacancies    collector,  or  librarian,  may  be  supplied  by  appoint- 
offi°eser     nient  under  the  hands  of  the  trustees  of  the  district, 
or  a  majority  of  them,  and  the  appointees  shall  hold 
their  respective  offices  until  the  next  annual  meeting 
of  the  district,  and  until  others  are  elected  and  take 
their  places. 

Appoint-^       §  33.  Every  appointment  to  fill  a  vacancy  shall  be 
"  forthwith  filed,  by  the  supervisor  or  trustees  making 

*  As  amended  by  sec.  11.  chap.  406,  Laws  of  1867. 


PUBLIC  INSTRUCTION.  47 

it,  in  the  office  of  the  district  clerk,  who  shall  imme-  district 
diately  give  notice  of  the  appointment  to  the  person  clerk- 
appointed. 

§  34.  Every  person  chosen  or  appointed  to  a  school  Penalty 
district  office,  who,  being  duly  qualified  to  fill  the  fSwRo 
same,  shall  refuse  to  serve  therein,  shall  forfeit  five  ^*\H£  of 
dollars ;  and  every  person  so  chosen  or  appointed,  duty!6 
who,  not  having  refused  to  accept  the  office,  shall 
willfully  neglect  or   refuse    to   perform  any  duty 
thereof,  shall  by  such  neglect  or  refusal  vacate  his 
office  and  shall  forfeit  the  sum  of  ten  dollars.    These 
penalties  are  for  the  benefit  of  common  schools  of 
the  town. 

§  35.  But  the  supervisor  of  the  town  wherein  any  supervisor 
such  person  resides  may  accept  his  written  resigna- 
tion  of  the  office,  and  the  filing  of  such  resignation 
and  acceptance  in  the  office  of  the  district  clerk  shall 
be  a  bar  to  the  recovery  of  either  penalty  in  the  last  It  may  be 
preceding  section  mentioned;    or  such  resigaation  mad^toa 
may  be  made  to  and  accepted  by  a  district  meeting,  meeting. 

FOURTH    AETICLE. 

Of  the  duties  of  the  neighborhood  clerTc,  and  of  the 
district  cleric  and  librarian. 

§  36.  The  neighborhood  clerk  shall  keep  a  record  Duty  of 
of  the  proceedings  of  his  neighborhood,  and  of  the  hoo^cierk 
reports  of  the  trustees,  and  deliver  the  same  to  his 
successor.    In  case  such  neighborhood  shall  be  an- 
nexed to  a  district  within  the  state,  its  records  shall 
be  filed  in  the  office  of  the  clerk  of  such  district. 

§  37.  It  shall  be  the  duty  of  the  clerk  of  each  school  cierk  of 

•J-'TI    «^i  .  school  dl» 

district :  trict,  his 

1.  To  record  the  proceedings  of  his  district  in  a  dutles- 
book  to  be  provided  for  that  purpose  by  the  district, 
and  to  enter  therein  true  copies  of  all  reports  made 

by  the  trustees  to  the  school  commissioner. 

2.  To  give  notice,  in  the  manner  prescribed  by  the 
sixth  section  of  this  title,  or  by  the  inhabitants,  pur- 
suant to  such  section,  of  the  time  and  place  of  hold- 
ing special  district  meetings  called  by  the  trustees. 

3.  To  affix  a  notice  in  writing  of  the  time  and  place 
of  any  adjourned  meeting,  when  the  meeting  shall 


48  ACT  RELATING  TO 

have  been  adjourned  for  a  longer  time  than  one 
month,  in  at  least  four  of  the  most  public  places  of 
such  district,  at  least  five  days  before  the  time  ap- 
pointed for  such  adjourned  meeting. 

4.  To  give  the  like  notice  of  every  annual  district 
in  meeting. 

*  5.  To  give  notice  immediately  to  every  person 
elected  or  appointed  to  office  of  his  election  or  ap- 
pointment ;  and  also  to  report  to  the  town  clerk  of 
the  town  in  which  the  school- house  of  his  district  is 
situated,  the  names  and  post-office  address  of  such 
officers,  under  a  penalty  of  five  dollars  for  neglect 
in  each  instance. 

6.  To  notify  the  trustees  of  every  resignation  duly 
accepted  by  the  supervisor. 

7.  To  keep  and  preserve  all  records,  books  and 
papers  belonging  to  his  office  and  to  deliver  the 
same  to  his  successor.     For  a  refusal  or  neglect  so 
to  do,  he  shall  forfeit  fifty  dollars  for  the  benefit  of 
the  district,  to  be  recovered  by  the  trustees. 

8.  In  case  his  district   shall  be  dissolved,  to  obey 
the  order  of  the  commissioner  or  commissioners  as 
to  depositing  the  books,  papers  and  records  of  his 
office  in  the  town  clerk' s  office. 

9.  To  attend  all  meetings  of  the  board  of  trustees 
when  notified  and  keep  a  record  of  their  proceedings 
in  a  book  provided  for  that  purpose. 

10.  To  call  special  meetings  of  the    inhabitants 
whenever  all  the  trustees  of  the  district  shall  have 
vacated  their  office. 

§  38.  The  librarian,  subject  to  the  provisions  of 
this  act,  shall  have  the  charge  and  supervision  of 
the  district  library. 

FIFTH   ARTICLE. 

schools  Of  the  pupils  and  scholars. 

§veandver  §  ^'  ^omrnon  schools  in  the  several  school  dis- 
unde?  tricts  of  this  state  shall  be  free  to  all  persons  over 
cm!  years.  nv^  and  under  twenty -one  years  of  age  residing  in 

Non-resi-  the  district,  as  hereinafter  provided;  but  non-resi- 
dents may 

b  e  admit- 

ted-  *  As  amended  by  sec.  10,  chap .  647,  Laws  of  1865. 


PUBLIC  INSTRUCTION.  49 

dents  of  a  district,  if  otherwise  competent,  may 
be  admitted  into  the  school  of  a  district,  with  the 
written  consent  of  the  trustees,  or  of  a  majority  of 
them,  upon  such  terms  as  the  trustees  shall  prescribe. 

§  40.  If  a  school  district  include  a  portion  of  an  NO  Indian 
Indian  reservation,  whereon  a  school  for  Indian  chil-  Admitted 
dren  has  been  established  by  the  superintendent  of 
public  instruction,  and  is  taught,  the  school  of  the 
district  is  not  free  to  Indian  children  resident  in 
the  district  or  on  the  reservation,  nor  shall  they  be 
admitted  to   such  school  except  by  permission  of 
the  superintendent. 

§  41.  No  teacher  is  a  qualified  one,  within  the  Qualified 
meaning  of  this  act,unless  he  possesses  an  unannulled  what  c?n. 
diploma  granted  to  him  by  the  state  normal  school  8titute8* 
or  an  unrevoked  and  unannulled  certificate  of  quali- 
fication given  to  him  by  the  superintendent  of  public 
instruction,  or  an  unexpired  certificate  of  qualifica- 
tion given  to  hkn  by  the  school  commissioner  within 
whose  district  he  is  employed,  or  by  the  school  offi- 
cer of  the  city  or  village  in  which  he  is  employed, 
authorized  by  special  act  to  grant  such  certificate. 

*  §  42.  No  part  of  the  school  moneys  apportioned 
to  a  district  can  be  applied  or  permitted  to  be  applied 
to  the  payment  of  the  wages  of  an  unqualified  teacher  EeV  o? 
nor  can  his  wages,  or  any  part  of  them,  be  collected  ta£nc 
by  a  district  tax. 

§  43.  Any  trustee  who  applies,  or  directs,  or  con-  Their 
sents  to  the  application  of  any  such  money  to  the 
payment  of  an  unqualified  teacher's  wages,  thereby 
commits  a  misdemeanor  ;  and  any  fine  imposed  upon  demeanor, 
him  therefor  shall  be  for  the  benefit  of  the  common 
schools  of  the  county. 

§  44.  Teachers  shall  keep,  prepare  and  enter  in  the  jjjacjje*8 
books  provided  for  that  purpose,  the  school  lists  and  j£tseoF 
accounts  of  attendance  hereinafter  mentioned,  and  ancend" 
shall  be  responsible  for  their  safe  keeping  and  deliv- 
ery to  the  clerk  of  the  district  at  the  close  of  their 
engagements  or  terms. 

•As  amended  by  sec.  12,  chap.  406,  Laws  of  1867. 


50  ACT  BELATDra-  TO 


SIXTH   AETICLB. 

Of  the  trustees,  their  powers  and  duties  :  and,  herein, 
of  school  taxes  and  annual  reports. 

Trustees        §  45.  All  property  which  is  now  vested  in,  or  shall 
trfct  prop  hereafter  be  transferred  to,   the  trustee  or  trustees 


coryoraa  °^a  district,   ^or  ^ne  use  °^  schools  in  the  district, 

ti°orn.ora  shall  be  held  by  him  or  them  as  a  corporation. 

A  sole  §  46.  A  sole  trustee  of  the  district  shall  have  all 

ha?t5e  the  powers,  and  be  subject  to  all  the  duties,  liabilities 

8&mQ  and  penalties  conferred  and  imposed  by  law  upon  or 

power  as  .Jr,  r     ,-,  •       -i         a,-\ 

a.  board,     against  any  trustee  or  trustees,  or  the  majority  of  the 

trustees,  of  a  district. 

Trustees        §  47.  The  trustees  of  a  district  compose  a  board, 

S^fficTa?  and  when  two  only  meet  to  deliberate  upon  a  matter, 

action.      an(j  the  third,  if  notified,    does  not  attend,    or  the 

three  meet  and  deliberate  thereon,  th0  conclusion  of 

two  upon  the  matter,  and  their  order,  'act  or  proceed- 

ing in  relation  thereto,  shall  be  as  valid  as  though  it 

were  the  conclusion,  order,  act  or  proceeding  of  the 

three;  and  a  recital  of  the  two  in  their  minute  of  the 

conclusion,  act  or  proceeding,  or  in  their  order,  act 

or  proceeding  of  the  fact  of  such  notice,  or  of  such 

meeting  or  deliberation,  shall  be  conclusive  evidence. 

Any  mem-  thereof.     A  meeting  of  the  board  may  be  ordered  by 

board  may  any  member  thereof,  by  giving  not  less  than  twenty- 

meeting.    ^ur  hours'  notice  of  the  same. 

when  §  48.  While  there  is  one  vacancy  in  the  office  of 

vacant  trustee,  the  two  trustees  have  all  the  powers  and  are 
board  the  subject  to  all  the  duties  and  liabilities  of  the  three. 
re°mainin|  And  while  there  are  two  such  vacancies,  the  trustee  in 
trultles°r  office  shall  have  all  the  powers  and  be  subject  to  all 
may  act.  ^e  duties  and  liabilities  of  the  three,  as  though  he 

were  a  sole  trustee. 

aSd  duties      *§  49-  Jt  shall  be  the  duty  of  the  trustees  of  every 
teesrus"      school  district,  and  they  shall  have  power  : 
TTcaii          1-  To  call  special  meetings  of  the  inhabitants  of 
meetings    suc^  districts  whenever  they  shall  deem  it  necessary 
and  proper. 

*  As  amended  by  sec.  9,  chap.  647,  Laws  of  1865,  and  by  sec.  13,  chap.  406, 
Laws  of  1867. 


PUBLIC  INSTRUCTION.  51 

2.  To  give  notice  of  special,  annual  and  adjourned  TO  give  no- 
meetings  in  the  manner  prescribed  in  the  sixth  sec-  tain  cases'" 
tion  of  this  title,  if  there  be  no  clerk  of  the  district, 

or  he  be  absent  or  incapable  of  acting,  or  shall  refuse 
to  act. 

3.  To  make  out  a  tax  list  of  every  district  tax  voted  TO  make 
by  any  such  meeting,  or  authorized  by  law,  contain- 

ing  the  names  of  all  the  taxable  inhabitants  residing 
in  the  district  at  the  time  of  making  out  the  list,  and 
the  amount  of  tax  payable  by  each  inhabitant,  set 
opposite  to  his  name. 

4.  To  annex  to  such  tax  list  a  warrant,*  directed  to 
the  collector  of  the  district,  for  the  collection  of  the 
sums  in  such  list  mentioned. 

f5.  To  purchase  or  lease  a  site  for  the  district  school-  TO  pur- 
house  or  school-houses,  as  designated  by  a  meeting  ice^S 
of  the  district,  and  to  build,  hire  or  purchase  such  etc- 
school-house  as  may  be  so  designated,  and  to  keep  in 
repair  and  furnish  such  school- house  with  necessary 
fuel  and  appendages,  and  to  pay  the  expense  there- 
of by  tax,  but  such  expense  shall  not  exceed  fifty 
dollars  in  any  one  year,  unless  authorized  by  the  dis- 
trict or  by  law. 

6.  To  have  the  custody  and  safe  keeping  of  the  TO  have 
district  school-house  or  houses,  their  sites  and  appur-  thfs°chooi- 
tenances.  house- 

7.  When  thereto  authorized,  by  a  meeting  of  the  TO  insure 
district,  to  insure  the  school-house  or  school-houses, 

and  their  furniture,  and  the  school  apparatus,  in  some 
company  created  by  or  under  the  laws  of  this  state 
and  to  comply  with  the  conditions  of  the  policy,  and 
raise  the  premiums  by  a  district  tax. 

8.  To  insure  the  district  library  in  such  a  company  TO  insure 
in  a  sum  fixed  by  a  district  meeting,  and  to  raise  the  library- 
premium  by  a  district  tax,  and  comply  with  the  con- 
ditions of  the  policy. 

9.  To  contract  with  and  employ  all  teachers  in  Teachers 
the  district  school  or  schools  ;  but  no  person  who  is  Se^thin 
within  two  degrees  of  relationship  by  blood  or  mar-  *7e°sd®-f 
riage  to  any  such  trustee  shall  be  so   employed,  relation- 


*For  form  of  warrant,  see  appendix. 

+ As  amended  by  sec.  13,  chap.  406,  Laws  of  1867. 


ship  to 
trustees. 


52  ACT  KELATING  TO 

except  with,  the  approval  of  two-thirds  of  the  voters 
of  such  district  present  and  voting  upon  the  question 
at  an  annual  or  special  meeting  of  the  district  Any 
person  employed  in  disregard  of  the  foregoing  pro- 
vision shall  have  no  claim  for  wages  against  the 
district,  but  may  enforce  the  specific  contract  made 
against  the  trustee  or  trustees  consenting  to  such 
employment  as  individuals. 

payment  *  10.  To  pay  toward  the  wages  of  such  teachers  as 
are  qualified,  the  public  moneys  apportioned  to  the 
district  and  legally  applicable  thereto,  by  giving 
them  orders  on  the  supervisor  therefor,  and  to  col- 
lect as  herein  provided,  the  residue  of  such  wages  by 
district  tax. 

*11,  To  divide  such  public  moneys  apportioned  to 

the  district,  whenever  authorized  by  a  vote  of  their 

district,  into  two  or  more  portions  for  each  year ;  to 

assign  and  apply  one  of  such  portions  to  each  term 

during  which  a  school  shall  be  kept  in  such  district, 

for  the   payment  of  teachers'  wages  during   such 

term  ;  and  to  collect  the  residue  of  such  wages  not 

paid  by  the  proportion  of  public   money  allotted 

for  that  purpose,  by  district  tax  as  herein  provided. 

TO  pay          12.  If  the  library  money  apportioned  to  the  dis- 

mborney  for  trict  be  less  than  three  dollars,  to  apply  it  to  the 

wacesers>    Paymen*  °f  teachers'  wages. 

whenSiess       13.  To  draw  upon  the  supervisor  for  the  school  and 
than  $3.     library  moneys,  in  the  manner  and  form  prescribed 
by  subdivisions  one  and  two  of  section  six  of  title 
four  of  this  act. 

*  14.  After  having  paid  toward  the  wages  of  such, 
teachers  as  are  qualified,  the  public  moneys  of  the 
district  legally  applicable  thereto,  by  giving  them 
orders  on  the  supervisor  therefor,  to  collect  the  resi- 
due of  such  wages  by  a  district  tax,  or,  if  the  same 
shall  have  been  already  collected,  to  give  such  teacher 
an  order  on  the  district  collector  for  the  balance  of 
his  or  her  wages  still  remaining  unpaid. 

t§  50.  The  trustees  may  expend,  in  necessary  and 
proper  repairs  of  each  school-house  under  their 

*  As  amended  by  sec.  13,  chap.  406,  Laws  of  1867. 
t  As  amended  by_sec.  19,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  53 

charge,  a  sum  not  exceeding  twenty  dollars  in  any 

one  year;  and  they  may  also  expend  a  sum  not  exceed- 

ing fifty  dollars  in  the  erection  of  necessary  out- 

buildings, where  the  district  is  wholly  unprovided 

with  such  buildings,  upon  a  vote  of  a  district  meet- 

ing.    They  may  also  make  any  repairs,  and  abate  Repairs. 

any  nuisances,    pursuant  to  the  direction  of  the 

school  commissioner,  as  hereinbefore  provided,  and 

provide  fuel,  pails,  brooms  and  other  implements 

necessary  to  keep  the  school-house  or  houses  clean 

and  make  them    reasonably   comfortable  for  use,  cleaning 

and  not  provided   for  by  a  vote  of  the  district  ;  fJJj^J  etc> 

and  may  also  provide  for  building  fires  and  clean- 

ing the  school-room  by  arrangement  with  the  teacher 

or  otherwise.     They  shall  provide  the  bound  blank- 

books  for  the  entering  of  their  accounts  and  the 

keeping  of  the  school  lists,  the   records    of  the 

district,  and  the  proceedings  of  district  and  trus- 

tee meetings.    Whenever  it  shall  be  necessary  for 

the  due  accommodation  of  the  children  of  the  dis- 

trict, they  may  hire  temporarily  any  room  or  rooms 

for  the  keeping  of  schools  therein  ;  but  the  trustees 

shall  have  no  power  to  purchase  maps,  globes,  or 

other  school  apparatus,  unless  instructed  to  do  so  by 

the  vote  of  a  district  meeting.     Any  expenditure 

made,  or  liability  incurred,  in  pursuance  of  this  sec- 

tion, shall  be  a  charge  upon  the  district. 

§  51.  When  trustees  are  required  or  authorized  by  May  raise 
law,  or  by  a  vote  of  their  district,  to  incur  any  s^Jf*1 
expense  for   such  district,  and   when  any  expenses  tax. 
incurred  by  them  are  made,  by  express  provision  of 
law,  a  charge  upon  such  district,  they  may  raise  the 
amount   thereof  by  tax  in  the  same  manner  as  if 
the  definite  sum  to  be  raised  had  been  voted  by  a 
district  meeting. 

§  52.  The  trustees,  or  any  one  of  them,  if  not  for-  school- 
bidden   by   another,  may  freely  permit  the  school- 
house,  when  not  in  use  for  the  district  school,  to  be 


used  by  persons  assembling  therein  for  the  purpose  used  for 
of  giving  and  receiving  instruction  in  any  branch  of  {FonTn  an 
education  or  learning,  or  in  the  science  or  practice  ?e™rnn^n 

Of  music.  music. 


54  ACT  RELATING  TO 

Trustees        *  §  53.  They  shall  procure  two  bound  blank  books 
a?c?u°nture  for  tae  district,  and  when  necessary,  others  in  their 
books,  etc.  place.    In  one  of  them,  at  or  before  each  annual  dis- 
trict meeting,  they  shall  enter  at  large,  and  sign  a 
statement  of  all  movable  property  belonging  to  the 
district,  and  their  accounts  of  all  moneys,  received 
or  drawn  for  or  paid  by  them,  and  they  shall  deliver 
this  book   to  their  successors.    In  the  other,  the 
teachers  shall  enter  the  names  of  the  pupils  attend- 
ing school,  their  ages,  the  names  of  the  persons  who 
send  them,  and  the  number  of  days  each  pupil  at- 
tends ;  and  also  the  facts  and  the  dates  of  each  inspec- 
tion of  the  school  by  the  school  commissioner  or 
other  official  visitor,  and  any  other  facts  and  in  such 
form  as  the  superintendent    of  public  instruction 
shall  require ;  and  each  teacher  shall,  by  his   oath 
Teacher     or  affirmation,  verify  his  entries  in  such  book,  and 
ifs'tstandep  the  entries  shall  constitute  the  school  lists  from  which 
cordfyand   *^e  average  daily  attendance  shall  be  determined ; 
trustees     and  such  oath  or  affirmation  may  be  taken  by  the 
paytea?h-  district  clerk,  but  without  charge.     Until  the  teacher 
record^    snaH  have  so  made  and  verified  such  entries,  the 
verified,     trustees  shall  not  draw  on  the  supervisor  for  any  por- 
tion of  his  wages. 

thentreal-       §  54.  If  any  portion  of  the  moneys  apportioned  to 
^er  and    the  district  shall  not  be  paid,  by  the  supervisor,  upon 
tendent'of  the  due  requirement  of  the  trustees,  they  shall  forth- 
withheld    with  notify  the  treasurer  of  the  county,  and  the 
vfso?per"    superintendent  of  public  instruction,  of  the  fact. 
TO  render       §  55.  The  trustees  shall,  once  in  each  year,  render 
o? aSCmon-  *°  ^ne  district,  at  its  annual  district  meeting,  a  just, 
e?andceiv"       *  a      ^rne  accou.n^  *n  writing,  under  their  hands, 
paid^etc.    of  all  moneys  received  by  them  respectively  for  the 
use  of  the  district,  and  of  the  manner  in  which  the 
same  shall  have  been  expended,  and  showing  to 
which  of  them  an  unexpended  balance,  or  any  part 
thereof,  is  chargeable ;   and  of  all  drafts  or  orders 
made  by  them  upon  the   supervisor,  collector,  or 
other  custodian  of  moneys  of  the  district ;  and  a  full 
statement  of  all  suits  and  proceedings  brought  by  or 
against  them,  and  of  every  special  matter  touching 
the  condition  of  the  district. 

*  *  As  amended  by  sec.  15,  chap.  406,  Laws  of  1867. 


PUBLIC  INSTRUCTION.  55 

§  56.  An  outgoing  trustee  shall  forthwith  pay,  to  out-going 
his  successor  or  any  other  trustee  of  the  district  in  p^stany° 
office,  any  such  unexpended  balance,  or  part  of  such  £fslas™! to 
balance,  remaining  in  his  hands.  cessor. 

§  57.  Every  trustee  who  shall  refuse  or  neglect  to  Penalty 
render  such  account  shall  forfeit  twenty-five  dollars. 
Every  trustee  who  shall  neglect  or  refuse  to  pay  over 
any  balance  so  found  in  his  hands,  shall  forfeit  twen- 
ty-five dollars.  These  penalties  are  for  the  benefit  of 
the  schools  of  the  district,  and  shall  be  sued  for  by 
the  supervisor  of  the  town  in  which  the  school- 
house,  or  school-house  longest  owned  or  held  by  the 
district  is. 

§  58.  By  a  willful  neglect  or  refusal  to  render  such  Forfeits 
account,  a  trustee  also  forfeits  any  unexpired  term  etc°ffice' 
of  his  ofiice,  and  becomes  liable  to  the  trustees  for 
any  district  moneys  in  his  hands. 

§  59.  The  trustees  in  ofiice  shall  sue  for  and  recover  Trustees 
any  district  moneys  in  the  hands  of  any  former  trus-  former any 
tee,  or  of  his  personal  representatives,  and  apply  trustee- 
them  to  the  use  of  the  district. 

*  §  60.  The  trustees  of  each  school  district  shall,  TO  report 
between  the  first  and  second  Tuesdays  of  October  in  ?pcommis- 
each  year  make  and  direct  to  the  school  commissioner 
a  report  in  writing,  dated  on  the  first  day  of  October 
of  the  year  in  which  it  is  made,  and  shall  sign  and 
certify  it,  and  deliver  it  to  the  clerk  of  the  town  in  eacchbyear! 
which  the  school-house  of  the  district  is  situated ; 
and  every  such  report  shall  certify  : 

1.  The  whole  time  any  school  has  been  kept  in  items  m 
their  district  during  the  year  ending  on  the  day  pre-  JJport! 
vious  to  the  date  of  such  report,  and  distinguishing 
what  portion  of  the  time  such  school  has  been  kept 

by  qualified  teachers,  and  the  whole  number  of  days, 
including  holidays,  in  which  the  school  was  taught 
by  qualified  teachers. 

2.  The  amount  of  their  drafts  upon  the  supervisor, 
for  the  payment  of  teachers'  wages  during  such  year, 
and  the  amount  of  their  drafts  upon  him  for  the  pur- 
chase of  books  and  school  apparatus  during  such 
year,  and  the  manner  in  which  such  moneys  have 
been  expended. 

*  As  amended  by  sec.  16,  chap.  406,  Laws  of  1867. 


56  ACT  RELATING  TO 

*3.  The  number  of  children  taught  in  the  district 
school  or  schools  during  such  year  by  qualified 
teachers,  and  the  sum  of  the  days'  attendance  of  all 
such  children  upon  the  school. 

4.  The  number  of  children  residing  in  the  dis- 
trict on  the  last  day  of  September  previous  to  the 
making  of  such  report,  between  the  ages  of  five  and 
twenty-one,  and  the  names  of  the  parents  or  other 
persons  with  whom  such  children  respectively  re- 
side, and  the  number  of   children  residing  with 
each. 

5.  The  amount  of  money  paid  for  teachers'  wages, 
in  addition  to  the  public  money  paid  therefor,  the 
amount  of  taxes  levied  in  said  district  for  purchas- 
ing school- house  sites,  for  building,  hiring,  purchas- 
ing, repairing  and  insuring  school-houses,  for  fuel, 
for  district  libraries,  or  for  any  other  purpose  al- 
lowed by  law,  and  such  other  information  in  rela- 
tion to  the  schools  and  the  district  as  the  superintend- 
ent of  public  instruction  may,  from  time  to  time, 
require. 

§  ^"  ^e  annual  reports  of  trustees  of  school  dis- 
tricts,  of  children  residing  in  their  district,  shall 
report,  include  all  over  five  and  under  twenty-one  years  of 
age  who  shall,  at  the  date  of  such  report,  actually 
be  in  the  district,  composing  a  part  of  the  family  of 
their  parents  or  guardians,  or  employers,  if  such 
parents,  guardians  or  employers  reside  at  the  time 
in  such  district,  although  such  residence  be  tempo- 
rary ;  but  such  report  shall  not  include  children  be- 
longing to  the  family  of  any  person  who  shall  be  an 
inhabitant  of  any  other  district  in  this  state  in  which 
such  children  may  by  law  be  included  in  the  reports 
of  its  trustees  ;  nor  any  children  who  are  supported 
at  a  county  poor-house  or  an  orphan  asylum ;  nor 
any  Indian  children  residing  on  reservations  where 
schools  provided  by  law  for  their  education  are 
taught. 

Joint  dis-  §  62.  "Where  a  school  district  lies  in  two  or  more 
rort  to  re~  counties,  its  trustees  shall  make  such  an  annual 
each  com-  report  for  each  part  of  it  lying  in  a  different  county. 

missioner.        * *_ J__      ^J 

*As  amended  by  sec.  11,  chap.  647,  Laws  of  1865. 


PUBLIC  INSTRUCTION.  57 

and  file  each  in  the  office  of  the  clerk  of  the  town  in 
which  the  part  of  the  district  to  which  it  especially 
relates  lies ;  and  such  reports  shall  be  in  the  form 
and  contain  all  such  special  matters  as  the  superin- 
tendent of  public  instruction  shall  from  time  to  time  • 
prescribe. 

§  63.  The  trustee  of   every  separate  neighborhood  separate 
shall  every  year,  within  the  time  aforesaid,  in  like  hoogd,breJ-~ 
manner,  make  his  annual  report  to  the  school  com-  fr^tj* its 
missioner,  and  file  it  in  the  office  of  the  clerk  of  the 
town  of  which  the  neighborhood  is  a  part.     Such 
report  shall  specify  the  whole  amount  of  public 
moneys    received  during  the  vear,  and  from  what 
public  officer,  and  the  mannerln  which  it  was  ex- 
pended ;  the  whole  number  of  such  children  as  can 
be  included  in  the  district  trustees'  report  residing 
in  the  neighborhood  on  the  last  day  of  September 
previous  to  the  making  of  the  report ;  and  any  other 
matters  which  the  superintendent  of  public  instruc- 
tion may  require. 

§  64.  Every  trustee  of  a  school  district  or  separate  raise  re- 
neighborhood,  who  shall  willfully  sign  a  false  report  penaityd 
to  a  school  commissioner  with  the  intent  of  causing  *or- 
such  school  commissioner  to  apportion  to  his  district 
or  neighborhood  a  larger  sum  than  its  just  propor- 
tion of  school  moneys  ;  or  in  the  case  of  a  trustee  of 
a  separate  neighborhood,  with  intent  to  procure  from 
the  state    superintendent  of  public   instruction   a 
larger  allowance  to  the  neighborhood,  shall  for  each 
offense  forfeit  the  sum  of  twenty-five  dollars,  and 
shall  also  be  deemed  guilty  of  a  misdemeanor.    Such 
penalties,  and  any  fines  which  shall  be  imposed  for 
the  misdemeanor,  are  for  the  benefit  of  the  common 
schools  of  the  county. 

SEVENTH  ARTICLE. 

Of  the  assessment  of  district  taxes,  and  the  collec- 
tion of  such  taxes ;  and  herein  of  the  collector, 
his  powers,  duties  and  liability. 

§  65.  Within  thirty  days  after  a  tax  shall  have  Assess- 
been  voted  by  a  district  meeting,  the  trustees  shall  Ssby 
assess  it,  and  make  out  the  tax  list  therefor,  and  annex  trustees. 
8 


58  ACT  RELATING  TO 

thereto  their  warrant*  for  its  collection.  But  they  may 
TWO  or  at  the  same  time  assess  two  or  more  taxes  so  voted, 
^n(i  any  tax  or  taxes  they  are  authorized  to  raise 
without  such  vote,  and  make  out  one  tax  list  and  one 
warrant,  warrant  for  the  collection  of  the  whole.  They  shall 
also  prefix  to  their  tax  list  a  heading  showing  for 
what  purpose  the  diiferent  items  of  the  tax  is  levied. 
f  §  66.  School  district  taxes  shall  be  apportioned 
by  the  trustees  upon  all  real  estate  within  the  boun- 
daries of  the  district  which  shall  not  be  by  law  ex- 
empt from  taxation,  except  as  hereinafter  provided, 
and  such  property  shall  be  assessed  to  the  person  or 
persons  or  corporation  owning  or  possessing  the  same 
at  the  time  such  tax  list  shall  be  made  out,  but  land 
lying  in  one  body  and  occupied  by  the  same  person 
Tax  lists,  either  as  owner  or  agent  for  the  same  principal,  or 
ouwmade  as  tenant  under  the  same  landlord,  shall,  though 
situated  partly  in  two  or  more  school  districts,  be 
taxable  in  that  one  of  them  in  which  such  occupant 
resides.  This  rule  shall  not  apply  to  land  owned  by 
non-residents  of  the  district,  and  which  shall  not  be 
occupied  by  an  agent,  servant  or  tenant  residing  in 
the  district.  Such  unoccupied  real  estate  shall  be 
assessed  as  non-resident,  and  a  description  thereof 
shall  be  entered  in  the  tax  list.  The  trustees  shall 
also  apportion  district  taxes  upon  all  persons  resid- 
ing in  the  district,  and  upon  all  corporations  liable 
to  taxation  therein,  for  the  personal  estate  owned  by 
them  and  liable  to  taxation.  They  shall  also  appor- 
tion the  same  upon  non-resident  stockholders  in 
banks  or  banking  associations  situated  in  their  dis- 
tricts for  the  amount  of  stock  owned  by  them  therein, 
and  upon  individual  bankers  doing  business  in  their 
district  in  accordance  with  the  provisions  of  chapter 
seven  hundred  and  sixty- one  of  the  laws  of  eighteen 
hundred  and  sixty-six. 

valuation,      §  67.  The  valuations  of  taxable  property  shall  be 
talned!cer~  ascertained,  so  far  as  possible,  from  the  last  assess- 
ment roll  of  the  town,  after  revision  by  the  assessors  ; 
and  no  person  shall  be  entitled  to  any  reduction  in 

*For  form  of  warrant,  see  close  of  this  pamphlet. 

t  As  amended  by  see.  20,  chap.  567,  Laws  of  1875.  See  law  in  relation  to 
the  taxation  of  railroad  companies,  in  the  appendix;  also,  law  in  relation 
to  taxation  of  bank  shares,  in  the  appendix. 


PUBLIC  INSTRUCTION.  59 

the  valuation  of  such  property,  as  so  ascertained, 
unless  he  shall  give  notice  of  his  claim  to  such  re- 
duction to  the  trustees  of  the  district  before  the  tax 
list  shall  be  made  out. 

§  68.  Where  such  reduction  shall  be  duly  claimed  of 
and  where  the  valuation  of  taxable  property  cannot  uauo°n. 
be  ascertained  from  the  last  assessment  roll  of  the 
town,  the  trustees  shall  ascertain  the  true  value  of 
the  property  to  be  taxed  from  the  best  evidence  in 
their  power,  giving  notice  to  the  persons  interested, 
and  proceeding  in  the  same  manner  as  the  town 
assessors  are  required  by  law  to  proceed  in  the  valu- 
ation of  taxable  property. 

*  §  69.  When  a  district  embraces  parts  of  more 
than  one  town,  it  shall  be  the  duty  of  the  supervisors 
of  such  towns  so  in  part  embraced,  upon  receiving 
a  written  notice  from  the  trustee  or  trustees  of  such 
district,  or  from  three  or  more  persons  liable  to  pay 
taxes  upon  real  estate  therein,  to  meet  at  a  time  and 
place  to  be  named  in  such  notice,  which  time  shall 
not  be  less  than  five  or  more  than  ten  days  from  the 
service  thereof,  and  a  place  within  the  bounds  of  the 
towns  so  in  part  embraced,  and  proceed  to  inquire 
and  determine  whether  the  valuation  of  real  prop- tions 
erty  upon  the  several  assessment  rolls  of  said  towns 
are  substantially  just  as  compared  with  each 
other,  so  far  as  said  districts  are  concerned,  and  if 
ascertained  not  to  be  so,  they  shall  determine  the 
relative  proportion  of  taxes  that  ought  to  be  assessed 
upon  the  real  property  of  the  parts  of  such  district 
lying  in  different  towns,  and  the  trustees  of  such 
district  shall  thereupon  assess  the  proportion  of  any 
tax  thereafter  to  be  raised,  according  to  the  deter- 
mination of  such  supervisors,  until  new  assessment 
rolls  of  the  towns  ,shall  be  perfected  and  filed,  using 
the  assessment  rolls' of  the  several  towns  to  distrib- 
ute the  said  proportion  among  the  persons  liable  to 
be  assessed  for  the  same.  In  cases  when  such  su- 
pervisors shall  be  unable  to  agree,  they  shall  sum- 
mon a  supervisor  from  some  adjoining  town,  who 
shall  unite  in  such  inquiring,  and  the  find;ng  of  a 
majority  shall  uethe  determination  of  such  meeting. 

*  As  amended  by  sec.  21,  chap.  567,  Laws  of  1875. 


60  ACT  RELATING  TO 

wortdng  §  ^O-  Any  person  working  land  under  a  contract 
sha?esnn  ^or  a  snare  °f  the  Pro(luce  of  such  land,  shall  be 
bie?or  bya~  deemed  the  possessor,  so  far  as  to  render  him  liable 
orss(*vant.  J°  taxation  therefor  in  the  district  where  such  land 
is  situate. 

§71.  Every  person  owning  or  holding  any  real 
property  within  any  school  district,  who  shall  im- 
prove and  occupy  the  same  by  his  agent  or  servant, 
shall,  in  respect  to  the  liability  of  such  property  to 
taxation,  be  considered  a  taxable  inhabitant  of  such 
district,  in  the  same  manner  as  if  he  actually  resided 
therein. 

•of ^tenant       §  72.    Where  any  district  tax,  for  the  purpose  of 

eteTiiabii-  purchasing  a  site  for  a  school-house,  or  for  purchas- 

owner!he    mg  or  building,  keeping  in  repair,  or  furnishing  such 

school-house  with  necessary  fuel  and  appendages, 

shall  be  lawfully  assessed,  and  paid  by  any  person 

'  on  account  of  any  real  property  whereof  he  is  only 

tenant  at  will,  or  for  three  years,  or  for  a  less  period 

of  time,  such  tenant  may  charge  the  owner  of  such 

real  estate  with  the  amount  of  the  tax  so  paid  by 

him,  unless  some  agreement  to  the  contrary  shall 

have  been  made  by  such  tenant. 

§  73.  Every  taxable  inhabitant  of  a  district  who 
shall  have  been,  within  four  years,  set  off  from  any 
other  district  without  his  consent,  and  shall,  within 
house.  that  period,  have  actually  paid  in  such  other  district, 
under  a  lawful  assessment  therein,  a  district  tax  for 
building  a  school-house,  shall  be  exempted  by  the 
trustees  of  the  district  where  he  shall  reside  from 
the  payment  of  any  tax  for  building  a  school-house 
therein. 

Taxes  on  §  74.  When  any  real  estate  within  a  district  so  lia- 
d«mtresi~  kle  *°  taxation,  shall  not  be  occupied  and  improved 
lands.  by  the  owner,  his  servant  or  agent,  and  shall  not  be 
possessed  by  any  tenant,  the  trustees  of  any  district 
at  the  time  of  making  out  any  tax  list  by  which  any 
tax  shall  be  imposed  thereon,  shall  make  and  insert 
in  such  tax  list  a  statement  and  description  of  every 
such  lot,  piece  or  parcel  of  land  so  owned  by  non- 
residents therein,  in  the  same  manner  as  required  by 
law  from  town  assessors  in  making  out  the  assess- 
ment roll  of  their  towns ;  and  if  any  $uch  lot  is  known 


PUBLIC  INSTRUCTION.  61 

to  belong  to  an  incorporated  company  liable  to  tax-  J°ted?om- 
ation  in  such  district,  the  name  of  such  company  panics,  etc" 
shall  be  specified,  and  the  value  of  such  lot  or  piece 
of  land  shall  be  set  down  opposite  to  such  descrip- 
tion, which  value  shall  be  the  same  that  was  affixed 
to  such  lot  or  piece  of  land  in  the  last  assessment  roll 
of  the  town  ;  and  if  the  same  was  not  separately 
valued  in  such  roll,  then  it  shall  be  valued  in  pro- 
portion to  the  valuation  which  was  affixed  in  the  said 
assessment  roll  to  the  whole  tract  of  which  such  lot 
or  piece  shall  be  part. 

*  §  75.  If  any  tax  on  the  real  estate  of  a  non-resi- 
dent,  mentioned  in  the  tax  list  delivered  to  the  col- 
lector,  or  the  taxes  upon  non-resident  stockholders 
in  banking  associations  organized  under  the  laws  of  procedure. 
Congress,  shall  be  unpaid  at  the  time  he  is  required 
by  law  to  return  his  warrant,  he  shall  deliver  to  the 
trustees  of  such  district  an  account  of  the  taxes  so 
remaining  due,  containing  a1  description  of  the  lots 
and  pieces  of  land  upon  which  such  taxes  were  im- 
posed, as  the  same  were  stated  in  his  tax  list,  together 
with  the  amount  of  the  tax  assessed  on  each,  and, 
upon  making  oath  before  any  justice  of  the  peace, 
or  judge  of  any  court  of  record,  that  the  taxes  men- 
tioned in  any  such  account  remain  unpaid,  and  that 
after  diligent  efforts  he  has  been  unable  to  collect  the 
same,  he  shall  be  credited  by  said  trustees  with  the 
amount  thereof. 

§  76.  Upon  receiving  any  such  account  from  the 
collector,  the  trustees  shall  compare  it  with  the  origi-  ft  to  treas- 
nal  tax  list,  and,  if  they  find  it  to  be  a  true  transcript, 
they  shall  add  to  such  account  their  certificate,  to 
the  effect  that  they  have  compared  it  with  the  origi- 
nal tax  list  and  found  it  to  be  correct,  and  shall 
immediately  transmit  the  account,  affidavit,  and  cer- 
tificate, to  the  treasurer  of  the  county. 

§  77.  Out  of  any  moneys  in  the  county  treasury, 
raised  for  contingent  expenses,  the  treasurer  shall 

/••*  /•    ji         i  andlaytne 

pay  to  the  trustees  the  amount  of  the  taxes   so  account 
returned  as  unpaid.  boarde9fhe 

supervia- 

"~  ors,  who 
*  As  amended  by  sec.  23,  chap.  567,  Laws  of  1875. 


62 


ACT  RELATING  TO 


County 
treasurer 
to  lay  the 
account 
before  the 
supervis- 
ors: their 
powers 
and  duties 
thereon. 


Any  per- 
son may 
make  pay- 
ment be- 
fore said 
levy. 

Proceed- 
ings as  for 
county 
taxes. 


*§  78.  Such  account,  affidavit  and  certificate  shall 
be  laid  by  the  county  treasurer  before  the  board  of 
supervisors  of  the  county,  who  shall  cause  the 
amount  of  such  unpaid  taxes  with  seven  per  cent  of 
the  amount  in  addition  thereto,  to  be  levied  upon 
the  lands  of  non-residents  on  which  the  same  were 
imposed;  and  if  imposed  upon  the  lands  of  any  incor- 
porated company,  then  upon  such  company;  and 
when  collected,  the  same  shall  be  returned  to  the 
county  treasurer  to  reimburse  the  amount  so  ad- 
vanced, with  the  expenses  of  collection;  and  if 
imposed  upon  the  stock  of  a  non-resident  stock- 
holder in  a  banking  association  organized  under  the 
laws  of  congress,  then,  the  same,  with  seven  per  cent 
of  the  amount  in  addition  thereto,  shall  be  a  lien 
upon  any  dividends  thereafter  declared  upon  such 
stock,  and  upon  notice  by  the  board  of  supervisors 
to  the  president  and  directors  of  such  bank,  of  such 
charge  upon  such  stock,  the  president  and  directors 
shall  thereafter  withhold  the  amount  so  stated  from 
any  future  dividends  upon  such  stock,  and  shall 
pay  the  same  to  the  collector  of  the  town  duly 
authorized  to  receive  the  same. 

§  79.  Any  person  whose  lands  are  included  in  any 
such  account  may  pay  the  tax  assessed  thereon  to 
the  county  treasurer,  at  any  time  before  the  board  of 
supervisors  shall  have  directed  the  same  to  be  levied. 

§  80.  The  same  proceedings  in  all  respects  shall 
be  had  for  the  collection  of  the  amount  so  directed 
to  be  raised  by  the  board  of  supervisors  as  are  pro- 
vided by  law  in  relation  to  county  taxes  ;  and,  upon 
a  similar  account,  as  in  the  case  of  county  taxes  of 
the  arrears  thereof  uncollected,  being  transmitted  by 
the  county  treasurer  to  the  comptroller,  the  same 
shall  be  paid  on  his  warrant  to  the  treasurer  of  the 
county  advancing  the  same ;  and  the  amount  so 
assumed  by  the  state  shall  be  collected  for  its  benefit, 
in  the  manner  prescribed  by  law  in  respect  to  the 
arrears  of  county  taxes  upon  land  of  non-residents  ; 
or  if  any  part  of  the  amount  so  assumed  consisted  of 
a  tax  upon  any  incorporated  company,  the  same 


*  AS  amended  by  sec.  23,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  63 

proceedings  may  also  be  had  for  the  collection  there- 
of as  provided  by  law  in  respect  to  the  county  taxes 
assessed  upon  such  company. 

*§  81.  The  warrant  for  the  collection  of  a  district  warrant, 
tax  shall  be  under  the  hands  of  the  trustees,  or  a  effect  ofd 
majority  of  them,  with  or  without  their  seals  ;  and  it 
shall  have  the  like  force  and  effect  as  a  warrant 
issued  by  a  board  of  supervisors  to  a  collector  of 
taxes  in  the  town  ;  and  the  collector  to  whom  it  may 
be  delivered  for  collection  shall  be  thereby  authorized 
and  required  to  collect,  from  every  person  in  such 
tax  list  named,  the  sum  set  opposite  to  his  name,  or 
the  amount  due  from  any  person  or  persons  speci- 
fied therein,  in  the  same  manner  that  collectors  are 
authorized  to  collect  town  and  county  charges. 

f  §  82.  A  warrant  for  the  collection  of  a  tax  voted  by  Delivery  of 
the  district  shall  not  be  delivered  to  the  collector  Jjjt  war~ 
until  the  thirty -first  day  after  the  tax  was  voted.     A 
warrant  for  the  collection  of  any  tax  not  so  voted 
may  be  delivered  to  the  collector  whenever  the  same 
is  completed. 

:f  §  83.  Within  such  time,  not  less  than  ten  days,  as  collectors 
the  trustees  shall  allow  him  for  the  purpose,  the  col-  a°bS?ut' 
lector,  before  receiving  the  first  warrant  for  the  col- 
lection of  money,  shall  execute  a  bond  to  the  trus- 
tees, with  one  or  more  sureties,  to  be  approved  by 
a  majority  of  the  trustees,  in  such  amount  as  the 
district  meeting  shall  have  fixed,  or  if  such  meeting 
shall  not  have  fixed  the  amount,  then  in  such 
amount  as  the  trustees  shall  deem  reasonable/con- 
ditipned  for  the  due  and  faithful  execution  of  the 
duties  of  his  office. 

||  §84.  The  collector,  on  the  receipt  of  a  warrant  collector 
for  the  collection  of  taxes,  shall  give  notice  to  the  giVeacer-t(> 
tax    payers   of   the  district,   by  publicly  posting 
written  or  printed,  or  partly   written   and  partly 
printed  notices  in  at  least  three  public  places  in 
such  district,  one  of  which  shall  be  on  the  outside 
of  the  front  door  of  the  school-house,  stating  that  he 

*  As  amended  by  sec.  18,  chap.  408,  Laws  of  186T. 
t  As  amended  by  sec.  19,  chap.  406,  Laws  of  1867. 

*  As  amende  by  sec.  24,   chap.  567,  Laws  of  1875. 
I  As  amended  by  chap.  33,  Laws  of  1877. 


64 


ACT  RELATING  TO 


Fees. 


Warrant 
may  be  ex- 
ecuted in 
any  other 
town,  etc. 


Trustees 
may  sue 
for  unpaid 
taxes  in 
certain 


has  received  such  warrant  and  will  receive  all  such 
taxes  as  may  be  voluntarily  paid  to  him,  within 
two  weeks  from  the  time  of  posting  said  notice. 
Such  collector  shall  also  give  a  like  notice,  either 
personally  or  by  mail,  at  least  ten  days  previous  to 
the  expiration  of  the  two  weeks  aforesaid,  to  the 
ticket  agent  at  the  nearest  station  of  any  railroad 
corporation  assessed  for  taxes,  upon  the  tax  list  de- 
livered to  him  with  the  aforesaid  warrant,  and  no 
school  collector  shall  be  entitled  to  recover  from 
any  railroad  corporation  more  than  one  per  cent 
fees  on  the  taxes  assessed  against  such  corporations, 
unless  notice  shall  have  been  given  as  aforesaid,  and 
in  case  the  whole  amount  of  taxes  shall  not  be  so 

Eaid  in,  the  collector  shall  forthwith  proceed  to  col- 
let the  same.  He  shall  receive  for  his  services  on 
all  sums  paid  in  as  aforesaid,  one  per  cent,  and  upon 
all  sums  collected  by  him  after  the  expiration  of  the 
time  mentioned,  five  per  cent,  except  as  hereinbe- 
fore provided,  and  in  case  a  levy  and  sale  shall  be 
necessarily  made  by  such  collector,  he  shall  be  en- 
titled to  traveling  fees,  at  the  rate  of  ten  cents  per 
mile,  to  be  computed  from  the  school-house  in  such 
district. 

*  §  85.  Any  collector  to  whom  any  tax  list  and 
warrant  may  be  delivered  for  collection  may  execute 
the  same  in  any  other  district  or  town  in  the  same 
county,  or  in  any  other  county  where  the  district  is 
a  joint  district  and  composed  of  territory  from  ad- 
joining counties,  in  the  same  manner  and  with  the 
like  authority  as  in  the  district  in  which  the  trustees 
issuing  the  said  warrant  may  reside,  and  for  the 
benefit  of  which  said  taxis  intended  to  be  collected  ; 
and  the  bail  or  sureties  of  any  collector,  given  for 
the  faithful  performance  of  his  official  duties,  are 
hereby  declared  and  made  liable  for  any  moneys 
received  or  collected  on  any  such  tax  list  and  war- 
rant. 

t  §  86.  If  the  sum  or  sums  of  money,  payable 
by  any  person  named  in  such  tax  list  or  rate  bill, 
shall  not  be  paid  by  him  or  collected  by  such  war- 

*As  amended  by  sec.  20,  chap.  406,  Laws  of  1867. 
tAs  amended  by  sec.  85,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  65 

rant  within  the  time  therein  limited,  it  shall  and  may 
be  lawful  for  the  trustees  to  renew  such  warrant  in 
respect  to  such  delinquent  person  ;  or  in  case  such 
person  shall  not  reside  within  their  district  at  the 
time  of  making  out  a  tax  list,  or  shall  not  reside 
therein  at  the  expiration  of  such  warrant,  or  in  case 
the  property  assessed  be  real  estate  belonging  in  an 
incorporated  company,  and  no  goods  or  chattels  can 
be  found  whereon  to  levy  the  tax,  the  trustees  may  sue 
for,  and  recover  the  same  in  their  name  of  office. 

*  §  87.  Whenever  the  trustees  of  any  school  dis- 
trict  shall  discover  any  error  in  a  tax  list  made  out 
by  them,  they  may,  with  the  approbation  and  con-  by  consent 
sent  of  the  superintendent  of  public  instruction, 
after  refunding  any  amount  that  may  have  been  im- 
properly collected  on  such  tax  list,  if  the  same  shall  be 
required  by  him,  amend  and  correct  such  tax  list,  as 
directed  by  the  superintendent,  in  conformity  to  law  ; 
and  whenever  more  than  one  renewal  of  a  warrant 
for  the  collection  of  any  tax  list  may  become  neces-  thS°one 


sary  in  any  district,  the  trustees  may  make  such 
further  renewal,  with  the  written  approbation  of  the  consent  of 

/,  .  .  1-1111  ft  supervisor 

supervisor  of  any  town  in  which  a  school  house  of 
said  district  shall  be  located,  to  be  indorsed  upon 
such  warrant. 

§  88.  The  collector  shall  keep  in  his  possession  all  custody  of 
moneys  received  or  collected  by  him  by  virtue  of  any  J^cJ,8^ 
warrant,  to  be  by  him  paid  out  upon  the  order  of  a  tor. 
majority  of  the  trustees  ;  and  he  shall  report  in  writ-  Shallre. 
ing  at  the  annual  meeting,  all  his  collections  and  port  at  an- 
disbursements,  and  shall  pay  over  to  his  successor  in  [££  " 
office,  when  he  has  duly  qualified  and  given  bail,  all 
moneys  in  his  hands  belonging  to  the  district. 

§  89.  If  by  the  neglect  of  any  collector  any  moneys  collector 
shall  be  lost  to  any  school  district,  which  might  have 
been  collected  within  the  time  limited  in  the  warrant 
delivered  to  him  for  their  collection,  he  shall  forfeit 
to  such  district  the  amount  of  the  moneys  thus  lost, 
and  shall  account  for  and  pay  over  the  same  to  the 
trustees  of  such  district,  in  the  same  manner  as  if 
'  had  been  collected. 


*As  amended  by  sec.  22,  chap.  406,  Laws  of  1867. 

9 


66 


ACT  RELATING  TO 


Trustees 
to  sue  for 
recovery 
of  money 
in  his 
hands. 


§  90.  For  the  recovery  of  all  sucli  forfeitures,  and 
of  all  balances,  in  the  hands  of  the  collector,  which 
he  shall,  have  neglected  or  refused  to  pay  to  his  suc- 
cessor, the  trustees,  in  their  name  of  office,  shall  have 
their  remedy  upon  the  official  bond  of  the  collector, 
or  any  action  and  any  remedy  given  by  law  ;  and 
they  shall  apply  all  such  moneys,  when  recovered, 
in  the  same  manner  as  if  paid  without  suit, 


TITLE  VIII. 


OF  SCHOOL   DISTRICT    LIBRARIES,  AND   THE  APPLICA- 
TION OF  LIBRARY  MONEYS. 

*  SECTION!.  The  taxable  inhabitants  of  each  school 
district  in  the  state  shall  have  power,  when  lawfully 
assembled  in  any  district  meeting,  to  levy  a  tax  on 
the  district,  not  exceeding  in  any  one  year  the  sum 
of  h'fty  dollars,  for  the  purchase  of  such  books  as 
they  shall  direct  for  the  district  library,  and  such 
further  sum  as  they  may  deem  necessary  for  the  pur- 
chase of  a  book-case.  All  books  and*  cases  which 
may  have  been  or  shall  be  purchased  with  moneys 
raised  by  such  taxes,  or  with  moneys  apportioned  "to 
the  district  for  library  purposes,  and  all  books  which 
have  been  given  to  and  accepted  by  the  trustees  for 
the  library,  shall  compose  the  library  of  the  district. 
t  §  2.  The  sum  of  fifty  thousand  dollars,  directed 
to  be  distributed  to  the  several  school  districts  of 
this  state,  by  the  fourth  section  of  chapter  two  hun- 
dred and  thirty  -seven  of  the  laws  of  eighteen  hun- 
dred and  thirty-eight,  shall  continue  to  be  applied  to 
the  purchase  of  books  for  the  district  libraries. 

g  3.  But  whenever  the  number  of  volumes  in  the 
district  library  of  any  district  numbering  over  fifty 
apparatus.  children  between  the  ages  of  five  and  sixteen,  shall 
and  when'  exceed  one  hundred  arid  twenty-five,  or  of  any  dis- 
e?s*ewages,  trict  numbering  fifty  children  or  less  between  the  said 
ages,  shall  exceed  one  hundred  volumes,  the  inhab- 


Library 


*  As  amended  by  sec.  26,  chap.  567,  Laws  of  1875. 
t  As  amended  by  sec.  27,  chap.  567,  Laws  of  1875. 


PUBLIC  INSTRUCTION.  67 

itants  of  the  district  qualified  to  vote  therein  may,  at 
a  special  or  annual  meeting  duly  notified  for  that 
purpose,  by  a  majority  of  votes,  appropriate  the 
whole  or  any  part  of  the  library  money  belonging  to 
the  district  for  the  current  year  to  the  purchase  of 
maps,  globes,  blackboards,  or  other  scientific  appa- 
ratus for  the  use  of  the  school ;  and  in  every  district 
having  the  required  number  of  volumes  in  the  district 
library,  and  the  maps,  globes,  blackboards  and  other 
apparatus  aforesaid,  the  said  moneys,  with  the  appro- 
bation of  the  superintendent  of  public  instruction, 
may  be  applied  to  the  payment  of  qualified  teachers' 
wages. 

§  4.  When  the  library  money  apportioned  to  a  dis-  if  less  than 
trict  in  any  year  shall  be  less  than  three  dollars,  the 
trustees  may  apply  it  in  payment  of  qualified  teach- 
ers'  wages. 

§  5.  The  trustees  of  every  school  district  shall  be  Trustees 
trustees  of  the  library  of  such  district,  and  the  prop-  custody  oi 
erty  of  all  books  therein,  and  of  the  case  and  other  Notary. 
appurtenances  thereof,  shall  be  deemed  to  be  vested 
in  such  trustees  so  as  to  enable  them  to  maintain  any 
action  in  relation  to  the  same.  It  shall  be  their  duty 
to  preserve  such  books  and  keep  them  in  repair ;  and 
the  expenses  incurred  for  that  purpose  may  be  in- 
cluded in  any  tax  list  to  be  made  out  by  them  as 
trustees  of  a  district,  and  added  to  any  tax  voted  by 
a  district  meeting,  and  shall  be  collected  and  paid 
over  in  the  same  manner.  The  librarian  of  any  dis- 
trict library  shall  be  subject  to  the  directions  of  the 
trustees  thereof,  in  all  matters  relating  to  the  preser- 
vation of  the  books  and  appurtenances  of  the  library, 
and  may  be  removed  from  office  by  them  for  willful 
disobedience  of  such  directions  or  for  any  willful 
neglect  of  duty. 

§6.  Trustees  shall  be  liable  to  their  successors,  and  Liability 
the  librarian  shall  be  liable  to  the  trustees,  for  any  iSstbo°r 
neglect  or  omission  of  their  respective  duties,  by  in^ured< 
which  any  book  shall  be  lost,  destroyed  or  damaged, 
to  the  amount  of  such  damage  and  the  value  of  the 
book  so  destroyed  or  lost. 

§  7.  All  moneys,  recovered  under  the  last  preced- 
ing section,  and  all  moneys  received  upon  any  policy 


68  ACT  RELATING  TO 

of  insurance  procured  upon  the  library,  and  all  fines 
and  penalties  imposed  by  or  in  pursuance  of  this 
title,  shall  be  applied,  by  the  trustees,  in  the  pur- 
chase of  books  for,  and  in  the  reparation  and  care  of 
the  library. 

§'8.  Any  two  or  more  adjoining  districts,  with  the 
consent  of  all  the  commissioners  of  the  school  com- 
missioner districts  within  which  they  lie,  may,  by  a 
majority  of  votes  in  their  several  districts,  unite  their 
libraries,  and  apply  their  library  moneys  and  funds 
to  the  care,  reparation  and  augmentation  of  their 
joint  library  so  formed.  All  the  trustees  of  such 
districts  shall  be  trustees  of  such  library,  with  all 
the  powers,  duties  and  liabilities  conferred  and 
imposed  by  this  title  upon  the  trustees  of  a  library 
of  a  district,  and  the  librarian  shall  be  appointed  by 
them,  and  have  the  powers  and  be  subject  to  the 
duties  and  liabilities  conferred  and  imposed  by  this 
title  upon  the  librarian  of  a  district ;  but  upon  the 
question  of  his  appointment  or  removal,  and  upon 
any  other  question  which  may  arise  in  the  board 
of  trustees,  the  trustee  or  trustees  of  each  district 
shall  have  one  vote  only.  All  the  districts  owning 
such  library  shall  be  considered  as  a  school  district, 
and  the  library  as  a  school  district  library,  within 
the  meaning  of  the  subsequent  provisions  of  this 
title. 

§  9.  The  agreement  forming  a  joint  library  may 
be  terminated  by  the  votes  of  all  the  several  dis- 
tricts that  made  it,  or  by  the  votes  of  any  one  or 
more  of  them  less  than  the  whole,  provided  a 
majority  of  the  school  commissioners  within  whose 
districts  the  school  districts  lie,  advise  and  consent 
thereto,  or  the  superintendent  of  public  instruction 
so  order. 

§  10.  When  such  an  agreement  shall  be  dissolved, 
the  trustees  of  the  several  districts  (the  trustee  or 
trustees  of  each  district  having  only  one  vote)  shall 
divide  the  library,  and  all  the  joint  funds  on  hand, 
including  all  fines  and  penalties  incurred,  among  the 
several  districts  ;  and  if  they  cannot  agree,  then  such 
division  shall  be  made  by  the  commissioners  within 


PUBLIC  INSTRUCTION.  69 

whose  districts  the  school  districts  lie,  or  by  some 
officer  or  person  selected  by  the  superintendent  of 
public  instruction. 

§  11.  The  general  regulations  respecting  the  pres- 
ervation  of  school  district  libraries,  the  delivery  of 
them  by  librarians  and  trustees  to  their  successors  in  may  be 
office,  the  use  of  them  by  the  inhabitants  of  the  dis- 
trict,  the  number  of  volumes  to  be  taken  by  any  one 
person  at  any  one  time  or  during  any  term,  the  periods 
of  their  return,  the  fines  and  penalties  that  may  be 
imposed  by  the  trustees  of  such  libraries  for  not 
returning,  for  losing  or  destroying  any  of  the  books 
therein,  or  for  soiling,  defacing  or  injuring  them, 
heretofore  framed  by  the  superintendent  of  public 
instruction,  are  continued  in  force,  and  he  may,  from 
time  to  time,  amend,  annul  or  add  to  them,  and  shall, 
from  time  to  time,  furnish  printed  copies  of  the  regu- 
lations in  force,  and  of  such  amendments,  annul- 
ments and  additions  to  the  trustees  of  such  libraries  ; 
and  all  such  regulations  shall  be  obligatory  upon 
all  persons  and  officers  having  charge  of  such  libra- 
ries, or  using  or  possessing  any  of  the  books  thereof.  n 

ci       i    ^  i  -i   '  .L-  o  -\    \  >.    •      Of  minors 

Such  fines  may  be  recovered  in  an  action  of  debt,  in  using 
the  name  of  the  trustees  of  any  such  library,  of  the  library- 
person  on  whom  they  are  imposed,  unless  such  per- 
son be  a  minor  ;  in  which  case  they  may  be  recovered 
of  the  parent  or  guardian  of  such  minor,  unless  notice 
in  writing  shall  have  been  given  by  such  parent  or 
guardian  to  the  trustees  of  such  library,  that  they 
will  not  be  responsible  for  any  books  delivered  to 
such  minor.  And  persons  with  whom  such  minors 
reside  shall  be  liable,  in  the  same  manner  and  to  the 
same  extent,  in  cases  where  the  parent  of  such  minor 
does  not  reside  in  the  district. 

§  12.  The  superintendent  of  public  instruction,  superin- 
whenever  he  may  deem    proper,    may  require  the  may  re- 
trustees  of  any  such  library  to  make  to  him  or  to 
the  school  commissioner,  a  report  showing  the  con- 
tents and  condition  of  the  library,  the  fines  imposed, 
and  any  other  information  which  he  may  deem  pro- 
per touching  the  library,  or  its  management,  and 
shall  prescribe  the  form,  contents  and  authentication 


ACT  RELATING  TO 

j  _      of  such  report.    And  may  impose  it  as  a  duty  upon 

bailed  up-  the  teacher  employed  in  any  district,  under  the  direc- 
tion of  the  trustees,  to  assist  them  in  making  such 
examination,  and  when  such  direction  is  given,  the 
teacher  may  close  the  school  one  day  for  the  pur- 
pose of  making  such  examination,  and  the  same  shall 
not  be  accounted  as  lost  time. 

§  13.  If  any  such  trustees  willfully  neglect  or 
refuse  to  make  any  such  report,  the  superintendent 
shall  cause  all  library  moneys  to  be  withholden  from 
the  district  until  the  report  be  made  and  considered 
by  him,  and  such  moneys  shall, if  he  see  cause,  be  for- 
feited by  the  district,  in  which  case  they  shall  be 
apportioned  among  the  school  districts  of  the  county 
in  which  the  library  is  situated,  other  than  such 
school  district.  And  any  trustee  or  trustees,  through 
whose  neglect  or  refusal  such  moneys  shall  be  lost 
to  the  district,  shall  forfeit  and  pay  to  the  district 
twice  the  amount  of  such  moneys,  for  the  benefit  of 
the  library  of  the  district,  and  such  forfeiture  may 
be  recovered  by  his  or  their  successors  in  office. 

§  14.  The  superintendent,  whenever  thereto  re- 
quested by  the  trustees  of  any  district  school  library, 
may  select  the  library,  or  books  for  the  library  of 
the  district,  and  cause  the  same  to  be  delivered  to 
the  clerk  of  the  county. 

§  15.  The  act  entitled  "an  act  to  provide  for  the 
distribution  of  standard  works  of  American  authors 
among  the  libraries  of  district  schools,"  passed  April 
twelfth,  eighteen  hundred  and  fifty -six,  is  hereby 
repealed. 


TITLE  IX. 

OF    UNION   FREE    SCHOOLS. 

SECTION  1.  Whenever  fifteen  persons  entitled  to 
vote  at  any  meeting  of  the  inhabitants  of  any  school 
district  in  the  state,  shall  sign  a  call  for  a  meeting, 
to  be  held  for  the  purpose  of  determining  whether  a 
union  free  school  shall  be  established  therein,  in  con- 
formity with  the  provisions  of  this  title,  it  shall  be 


PUBLIC  INSTRUCTION.  71 

the  duty  of  the  trustees  of  such  district,  within  ten 
days  after  such  call   shall  have  been  presented  to 
them,  to  give  public  notice  that  a  meeting  of  the 
inhabitants  of  such  district,  entitled  to  vote  thereat, 
will  be  held  for  such  purpose  as  aforesaid,  at  the 
school-house,  or  other  more  suitable  place,  in  such 
district,  on  a  day  and  at  an  hour  in  such  notice  to  be 
specified,  not  more  than  twenty  days  after  the  pub- 
lication of  such  notice.   If  the  trustees  shall  refuse  to  when  su- 
give  such  notice,  or  shall  neglect  to  give  the  same  for  ?iTmayd' 
twenty  days,  the  superintendent  of  public  instruction  jj™  n°- 
may  authorize  and  direct  any  inhabitant  of  said  dis- 
trict to  give  the  same.     The  qualifications  of  the  Quaimca- 
inhabitants,  entitled  to  vote  at  such  meetings  as  now  voters! 
by  law  expressed,  shall  be  sufficiently  set  forth  in  the 
notice  aforesaid. 

*§  2.  Whenever    such   district   shall   correspond  Formation 
wholly  or  in  part  with  an  incorporated  village,  in  freeuni 
which  there  shall  be  published  a  daily  or  weekly  ijjjj™1,®  Jjf. 
newspaper,  the  notice  aforesaid  shall  be  given  by  ted°viii°a-a 
posting  at  least  five  copies  thereof,  severally  in  vari-  g 
ous  conspicuous  places  in  said  district,  at  least  twenty 
days  prior  to  such  meeting,  and  by  causing  the  same 
to  be  published  once  a  week  for  three  consecutive 
weeks  before  such  meeting,  in  all  the  newspapers 
published  in  said  district.   In  other  districts  the  said 
notice  shall  be  given  by  posting  the  same  as  aforesaid, 
and  in  addition  thereto,  the  trustees  of  such  district 
shall  authorize  and  require  any  taxable  inhabitant  of 
the  same,  to  notify  every  other  inhabitant  (qualified  to 
vote  as  aforesaid),  of  such  meeting,  to  be   called  as 
aforesaid,   who  shall  give  such  notification  in  the 
manner  and  subject  to  the  penalty  prescribed  in  the 
case  of  the  formation  of  a  new  school   district  by 
title  seven  of  this  act. 

§  3.  The  reasonable  expense  of  such  notices,  and  Expense  of 
of  their  publication  and  service,  shall  be  chargeable 
upon  the  district,  in  case  a  union  free  school  is  estab- 
lished by  the  meeting  so  convened,  to  be  levied  and 
collected  by  the  trustees,  as  in  cases  of  taxes  now 
levied  for  school  purposes ;  but  in  the  event  that 

*  As  amended  by  sec.  1,  chap.  50,  Laws  of  1876. 


72  ACT  RELATING  TO 

such  union  free  school  shall  not  be  established,  then 
the  said  expense  shall  be  chargeable  upon  the  inhab- 
itants signing  the  call,  jointly  and  severally,  to  be 
sued  for  if  necessary  in  any  court  having  jurisdiction 
of  the  same. 

union  free      *  §  4-  Whenever  fifteen  persons,  entitled  as  afore- 
schooisof   said,  from  each  of  two  or  more  adjoining  districts, 
™°rer        shall  unite  in  a  call  for  a  meeting  of  the  inhabitants 
districts.     of  SUCQ  districts,  to  determine  whether  such  districts 
shall  be  consolidated  by  the  establishment  of  a  union 
free  school  therefor  and  therein,  it  shall  be  the  duty 
of  the  trustees  of  such  districts,   or  a  majority  of 
them,  to  give  like  public  notice  of  such  meeting,  at 
some  convenient  place  within  such  districts,  and  as 
central  as  may  be,  within  the  time,  and  to  be  pub- 
lished and  served  in  the  manner  set  forth  in  the  sec- 
ond section  of  this  title,  in  each  of  such  districts. 
The  reasonable  expenses  of  preparing,  publishing 
and  serving  such  notices  shall  be  chargeable  upon 
the  union  free  school  district,  and  be  collected  by 
tax,  if  a  union  free  school  shall  be  established  pur- 
suant to  such  call  but  otherwise  the  signers  of  the 
call  shall  be  jointly  and  severally  liable  for  such  ex- 
penses.    The  superintendent  of  public  instruction 
may  order  such  meeting  under  the  conditions  and  in 
the  manner  prescribed  in  the  first  section  of  this  title, 
f  §  5.  Any  such  meeting,  held  as  aforesaid,  shall  be 
organize(l  by  the  appointment  of  a  chairman  and 
secretary,  and  may  be  adjourned  from  time  to  time, 
by  a  majority  vote,  provided  that  such  adjournment 
shall  not  be  for  a  longer  period  than  ten  days,  and 
journedad~  whenever  any  such  meeting,  at  which  not  less  than 
ten  days,    fifteen  persons  entitled  to  vote  thereat  shall,  by  the 
affirmative  vote  of  a  majority  present  and  voting,  de- 
Majority     termine  to  establish  a  union  free  school  in  said  district, 
pursuant  to  such  notice,  it  shall  thereupon  be  lawful 
astorunion  for  such  meeting  to  proceed  to  the  election,  by  ballot, 
schools.     of  n°t  less  than  three,  nor  more  than  nine  trustees, 
who  shall,by  the  order  of  such  meeting,  be  divided 
into  three  several  classes  ;  the  first  to  hold  until  one, 

*  As  amended  by  sec.  15,  chap.  647,  Laws  of  1865. 
t  As  amended  by  sec.  2,  chap.  50,  Laws  of  1876. 


PUBLIC  INSTKUCTION.  73 


the  second  until  two,  and  the  third  until  three,  years 
from  the  second  Tuesday  in  October  coincident  with  tee&,  and 
or  following,  except  in  the  cases  in  the  next  section  service. 
provided  for  ;  and  when  the  trustees  so  elected  shall 
enter  upon  their  office,  the  office  of  any  existing  trus- 
tee or  trustees  shall  cease,  except  for  the  purposes 
stated  in  section  eleven  of  title  six  of  this  act.  The  said 
trustees  and  their  successors  in  office  shall  constitute 
the  board  of  education  of  and  for  the  union  free  school  stituted- 
district  for  which  they  are  elected,  and  the  designa- 
tion of  such  district  as  union  free  school  district  num- 
ber --  ,  of  the  town  of  --  ,  shall  be  made  by  the 
school  commissioner  having  jurisdiction  of  the  dis- 
trict ;  and  the  said  board  shall  have  the  name  and 
style  of  the  board  of  education  of  -  —(adding  the 
designation  aforesaid)  ;  copies  of  said  call,  minutes  c^|gf 
of  said  meeting  or  meetings,  duly  certified  by  the  pn™s  to- 
chairman  and  secretary  thereof,  shall  be  by  them,  or  andflried?d 
either  of  them,  transmitted  and  deposited,  one  to 
and  with  the  town  clerk,  one  to  and  with  the  school 
commissioner  or  commissioners  in  whose  jurisdiction 
said  districts  are  located,  and  one  to  and  with  the 
superintendent  of  public  instruction  ;  but  when  at 
any  such  meeting  the  question  as  to  the  establishment 
of  a  union  free  school  shall  not  be  decided  in  the 
affirmative  as  aforesaid,  then  all  further  proceedings 
at  such  meeting,  except  a  motion  to  reconsider  or 
adjourn,  shall  be  dispensed  with,  and  no  such  meet- 
ing shall  be  again  called  within  one  year  thereafter. 
*  §  6.  Whenever  said  board  of  education  shall  be 
constituted  for  any  district  or  districts  whose  limits 
correspond  with  those  of  any  incorporated  village  or 
city,  the  trustees  so  elected  shall,  by  the  order  of 
such  meeting,  be  divided  into  three  several  classes  : 
the  first  class  to  serve  until  one,  the  second  until  two,  . 
and  the  third  until  three  years  after  the  day  of  the 
next  charter  election  in  such  village  or  city,  and  their 
regular  term  of  service  shall  be  computed  from  the 
several  days  of  such  charter  elections,  and  not  from 
the  second  Tuesday  in  October.  And  thereafter  there 

*  NOTE  —In  relation  to  election  of  officers  in  districts  having  more  than 
300  children  of  school  ajre,  see  chap.  348,  Laws  of  1878,  in  the  Appendix. 

10 


74  ACT  RELATING  TO 

shall  be  annually  elected  in  such  villages  and  cities, 
by  separate  ballot,  to  be  indorsed  "  school  trustees," 
in  the  same  manner  as  the  charter  officers  thereof, 
trustees  of  the  said  union  free  schools  to  supply  the 
places  of  those  whose  terms  by  the  classification 
aforesaid  are  about  to  expire. 

Boards  of       *§  7.  The  said  boards  of  education  are  hereby  sev- 
cfeuacted°n   erally  created  bodies  corporate,  arid  each  shall,  at 
porate cor  ^s  ^rs^  meeting,  and  at  each  annual  meeting  there- 
after, elect  one  of   their  number  president.     They 
may,  with  the  advice  and  consent  of  a  majority  of 
the  legal  voters  entitled  to  vote  on  questions  of  tax- 
cierk,  ap-  ation,  to  be  had  at  an  annual  meeting  of  the  inhab- 
itants,  appoint  a  clerk  to  the  board.  Such  appointed 
clerk  must  be  a  resident  of  the  district,  and  a  per- 
son other  than  a  trustee  or  a  teacher  in  the  employ 
of  the  board.     The  clerk  so  appointed  shall  be  the 
general  librarian  of  the  district,  and  also  perform 
a^  ^e  clerical  an(^  other  duties  pertaining  to  his 
office.     For  his  services  he   shall  be  entitled  to  re- 
ceive a  salary,  which  shall  not  be  greater  than 
twenty-five  cents  a  year  for  each  scholar,  to  be  com- 
puted from  the  actual  average  daily  attendance  for 
the  previous  year,  as  set  forth  in  the  annual  report 
to  the  school  commissioner,  or  less,  as  in  the  best 
judgment  of  said  legal  voters  to  be  had  at  such  an- 
nual meeting  ;  such  consent  and  approval  not  to  be 
Districts     for  a  longer  period  of  time  than  one  year.    In  case 
°jtiesdand    no  provision  is  made  at  an  annual  meeting  of  the 
viiiages,aP-  inhabitants  for  the  appointment  and  payment  of  a 

pomtiaent      ,      ,       ,,  -,   .      ,,    \^  .,        ,  -.  ~    «i,,  .     . 

of  treas-  clerk,  then  and  in  that  case  the  board  will  appoint 
collector  one  of  their  own  number  to  act  as  clerk.  In  dis- 
for-  tricts  other  than  those  whose  limits  correspond  with 

those  of  any  city  or  incorporated  village,  said  board 
shall  have  power  to  appoint  one  of  the  taxable  in- 
habitants of  their  district  treasurer,  and  another 
collector  of  the  moneys  to  be  raised  within  the  same 
for  school  purposes,  who  shall  severally  hold  such 
appointments  during  the  pleasure  of  the  board. 
Such  treasurer  and  collector  shall  eack,  and  within 
ten  days  after  notice  in  writing  of  his  appointment, 

*As  amended  by  chap.  161,  Laws  of  1877.    This  section  (7)  does  not  apply 
to  the  towns  of  Cortlandt  and  White  Plains,  Westchester  county. 


PUBLIC  INSTKTJCTION.  75 

duly  served  upon  him,  and  before  entering  upon 
the  duties  of  his  office,  execute  and  deliver  to   the  ^t°cnds  of» 
said  board  of  education  a  bond,  with  such  sufficient 
penalty  and  sureties  as  the  board  may  require,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  his 
office.     And  in  case  such  bond  shall  not  be  given  vacancies, 
within  the  time  specified,  such  office  shall  thereby  etc- 
become  vacant  and  said  board  shall  thereupon,  by 
appointment,  supply  such  vacancy. 

§  8.  The  corporate  authorities  of  any  incorporated 
village  or  city,  in  which  any  such  union  free  school 
shall  be  established,  shall  have  power  and  it  shall 
be  their  duty,  to  raise,  from  time  to  time,  by  tax, 
to  be  levied  upon  all  the  real  and  personal  property 
in  said  city  or  village,  as  by  law  provided  for  the 
defraying  of  the  expenses  of  its  municipal  govern- 
ment,' such  sum  or  sums  as  the  board  of  education 
established  therein  shall  declare-  necessary  for  the 
furtherance  of  any  of  the  powers  vested  in  them  by 
law.  The  sums  so  declared  necessary  shall  be  set 
forth  in  a  detailed  statement  in  writing,  addressed  to 
the  corporate  authorities  by  the  board  of  education, 
giving  the  various  purposes  of  anticipated  expendi- 
ture, and  the  amount  necessary  for  each  ;  and  the 
said  corporate  authorities  shall  have  no  power  to 
withhold  the  sums  so  declared  to  be  necessary  for 
teachers'  wages  and  the  ordinary  contingent  ex- 
penses of  supporting  the  school  or  schools  of  said 
district. 

§  9.  In  case  the  corporate  authorities  shall  refuse 
to  provide  for  any  or  all  of  the  other  purposes  of 
expenditure  declared  necessary  in  the  statement 
aforesaid,  they  shall  communicate  in  writing  to  the 
said  board  of  education  their  objections  to  each  and 
every  expenditure  which  they  refuse  to  allow, 
and  thereupon  the  said  board  of  education  shall 
cause  the  said  communication  to  be  published  six 
times  in  at  least  one  paper  published  or  circulating 
in  such  district,  and  the  said  corporate  authorities 
may,  at  any  time,  reconsider  their  action  in  refusing 
to  allow  such  expenditures,  or  any  of  them,  or  may 
allow  such  other  sums  for  any  or  all  of  such  expend!- 


76  ACT  RELATING  TO 

tures  as  the  board  of  education  in  any  subsequent 
or  modified  statement  may  recommend.  The  annual 
meeting  of  the  board  of  education  of  every  union 
free  school  district  shall  be  held  on  the  third  Tuesday 
of  October  in  each  year. 

anmfafand      §  ^'  ^-  maj°rity  of  the  voters  of  any  union  free 
special       school  district  other  than  those  whose  limits  corre- 
'   spond  with  an  incorporated  city  or  village,  present  at 
any  annual  or  special  district  meeting,  duly  convened, 
may  authorize  such  acts,  and  vote  such  taxes  as  they 
shall  deem  expedient  for  making  additions,  altera- 
tions or  improvements  to  or  in  the  sites  or  struct- 
ures belonging  to  the  district,  or  for  the  purchase  of 
other  sites  or  structures,  or  for  the  erection   of  new 
buildings,  or  for  buying  apparatus  or  fixtures,   or 
for  pay  ing  the  wages  of  teachers  and  the  necessary 
expenses  of  the  school,  or  for  such  other  purpose 
relating  to  the  support  and  welfare  of  the  school  as 
they  may,  by  resolution,   approve  ;   and   they   may 
direct  the  moneys  so  voted  to  be  levied  in  one  sum, 
or  by  installments ;  and  the  board  of  education  shall 
make  out  their  tax  list,    and  attach  their   warrant 
thereto,  in   the   manner  provided    in  article  seven 
of  title  seven  of  this  act,  for  the  collection  of  school 
district  taxes,  and  shall  cause  such  taxes   or  such 
installments  to  be  collected  at  such  times  as  they 
shall  become  due.     No  vote  to  raise  money  shall  be 
rescinded,  nor  the  amount  thereof  be  reduced  at  any 
subsequent  meeting,  unless  the  same  be  done  within 
ten  days  after  the  same  shall  have  been  first  voted. 
AH  moneys      §  ^  ^  •  Any  money  s  required  to  pay  teachers'  wages  in 
toberaised  a  union  free  school,  or  in  the  academical  department 
and^'t  by  thereof ,  after  the  due  application  of  the  school  moneys 
rate  bill,     thereto,  shall  be  raised  by  tax,  and  not  by  rate  bill. 
Every  such      §  12.  Every  union  free  school  district  shall,  for  all 
schoofdis-  ^e  PurPoses  °f  the  apportionment  and  distribution 
trict.0  '  3"  of  school  moneys,  be  regarded  and  recognized  as  a 

school  district. 

Board  of        §  13.  The  said  board  of  education  of  every  union 
education,  ^QQ  school  district  shall  severally  have  power : 
powers          i   TO  such,  by-laws  as  they  may  deem  proper 

To  make       /.        ,  •,          "       ,     , .  J  -,  .  x  .  -.      . J    ,         /»    i    r.       • 

for  the  regulation  and  exercise  of  their  lawful  busi- 
ness and  powers. 


PUBLIC  INSTKUCTION.  77 


2.  To  establish  such  rules  and  regulations  con 
cerning  the   order  and  discipline  of  the  school  or  piine  of 
schools,  in  the  several  departments  thereof,  as  they  l 
may  deem  necessary  to  secure  the  best  educational 
results. 

3.  To  grade  and  classify  the  school  or  schools  of  TO  grad« 
the  district,  and  to  regulate  the  admission  of  pupils  siJy.claa~ 
and  their  transfer  from  one  class  or  department  to 
another,  as  their  scholarship  shall  warrant. 

4.  To  prescribe  the  text-books  to   be  used  in  the 
schools,  and  to  compel  a  uniformity  in  the  use   of 
the  same,  and  to  furnish  the  same  to   pupils  out  of 
any  moneys  provided  for  that  purpose. 

5.  To  take  charge  and  possession  of  the   school-  TO  have 
houses,  sites,  lots,  furniture,  books,  apparatus,  and  anaJ?oPer- 
all  school  property  within  their  respective  districts  ;  ties> 
and  the  title  of  the  same  shall  be  vested  respectively 

in  said  board  of  education,  and  the  same  shall  not 
be  subject  to  taxation  for  any  purpose. 

6.  To  take  and  hold  for  the  use  of  the  said  schools 
or  of  any  department  of  the   same,   any  real  estate 
transferred  to  it  by  gift,  grant,  bequest  or  devise,  or 
any  gift,  legacy  or  annuity,  of  whatever  kind,  given 
or  bequeathed  to   the  said   board,   and  apply  the 
same  or  the  interest  or  proceeds  thereof,   according 
to  the  instructions  of  the  donor  or  testator. 

7.  To  have,  in'  all   respects,  the  superintendence, 
management  and  control  of  said  union  free  schools, 

and  to  establish  in  the  same  an  academical  depart-  meepntrt~ 
ment,  whenever  in  their  judgment  the  same  is 
warranted  by  the  demand  for  such  instruction  ;  to 
receive  into  said  union  free  schools  any  pupils  resid- 
ing out  of  said  districts,  and  to  regulate  and  estab- 
lish the  tuition  fees  of  such  non-resident  pupils  in 
the  several  departments  of  said  schools,  to  provide 
fuel,  furniture,  apparatus  and  other  necessaries  for 
the  use  of  said  schools,  and  to  appoint  such  librari- 
ans as  they  may,  from  time  to  time,  deem  necessary. 

*8.  To  contract  with  and  employ  qualified  teach-  Tocon- 
ers  in  the  several  departments  of  instruction,  in  all 
not  less  than  one  for  every  fifty  pupils  attending 


remove 


"As  amended  by  section  17,  chapter  647,  Laws  of  1865.  them  • 


78  ACT  RELATING  TO 

such  schools;  to  remove  them  at  any  time  for  neg- 
lect of  duty  or  for  immoral  conduct,  and  to  pay  the 
wages  of  such  teachers  out  of  the  moneys  appropri- 
ated for  that  purpose. 

TO  an  va-        ^*  ^°  ^^  any  vacanc7  which  may  happen  in  said 

canciesin    board  by  reason  of  the  death,  removal  or  refusal  to 

'  serve  of  any  member  or  officer  of  said  board  ;  and 

the  person  so  appointed  in  the  place  of  any  such 

member  of  the  board  shall  hold  his  office  until  the 

next  election  of  trustees,  as  by  this  act  provided. 

TO  remove      10.  To  remove  any  member  of  their  board  for  offi- 

orfetheers     cial  misconduct.     But  a  written  copy  of  all  charges 

board.        made  of  such  misconduct  shall  be  served  upon  him 

at  least  ten  days  before  the  time  appointed  for  a  hear- 

ing of  the  same  ;  and  he  shall  be  allowed  a  full  and 

fair  opportunity  to  refute  such  charges  before  re- 

moval. 

TO  have  an      11-  And  generally  to  possess  all  the  powers  and 

tr°usteesfof  privileges,  and  be  subject  to  all  the  duties  in  respect 

school  dis-  to  the  schools,  or  the  common  school  departments  in 

0?  ctrusatees  any  union  free  school  in  said  districts,  which  the  trus- 

?efsacadem~  tees  of  common  schools  now  possess  or  are  subject 

to,  not  inconsistent  with  the  provisions  of  this  title  ; 

and  to  enjoy,  whenever  an  academical  department 

shall  be  by  them  established,  all  the  immunities  and 

privileges  now  enjoyed  by  the  trustees  of  academies 

in  this  state. 

May  caii  §  14>  *n  uni°n  ^ree  school  districts  other  than  those 
special  whose  limits  correspond  with  any  city  or  incorporated 
tings.  vjjjagej  the  board  of  education  shall  have  power  to 


power 

call  special  meetings  of  the  inhabitants,  in  the  man- 
ner provided  in  section  six  of  title  seven  of  this  act, 
for  calling  special  meetings  of  districts  by  trustees, 
and  they  shall  give  notice  of  the  time  and  place  of 
holding  the  annual  school  district  meeting,  which 
meeting,  shall  be  held  on  the  second  Tuesday  of  October  in 

each  year. 

Board  to        §  16«  It  shall  be  the  duty  of  the  board  at  the  an- 
rep.ortes.ti-  nual  meeting  of  the  district,  besides  any  other  report 

mates  of  _  '  J  ..        K 

expenses    or  statement  required  by  law,  to  present  a  detailed 

meeting!1    statement  in  writing  of  the  amount  of  money  which 

will  be  required  for  the  ensuing  year  for  school  pur 

poses  exclusive  of  the  public  moneys,  specifying  the 


PUBLIC  INSTRUCTION.  79 

several  purposes  for  which  it  will  be  required,  and 
the  amount  for  each,  but  nothing  in  this  section  con-  ^a^make 
tained  shall  be  construed  to  prevent  the  board  from  menAt  e 
presenting   such  statement  at  any  special  meeting  anytime- 
called  for  the  purpose,  nor  from  presenting  a  supple- 
mentary and  amended  statement  or  estimate  at  any 
time. 

§  16.  After  the  presentation  of  such  statement,  the  i?h^b[t-°f 
question  shall  be  taken  upon  voting  the  necessary  gj1*     on 
taxes  to  meet  the  estimated  expenditures,  and  when  l 
demanded  by  any  voter  present,  the  question  shall 
be  taken  upon  each  item  separately,  and  the  inhab- 
itants may  increase  the  amount  of  any  estimated 
expenditures  or  reduce  the  same,  except  for  teachers' 
wages,  and  the  ordinary  contingent  expenses  of  the 
school  or  schools. 

§  17.  If  the  inhabitants  shall  neglect  or  refuse  to  when 
vote  the  sum  or  sums  estimated  necessary  for  teach- 
ers'  wages,  after  applying  thereto  the  public  school 
moneys,  and  other  moneys  received  or  to  be  received 
for  that  purpose,  provided  such  estimate  shall  be  for  a] 
no  more  than  one  teacher  for  each  fifty  pupils  attend- 
ing such  school,  or  if  they  shall  neglect  or  refuse  to 
vote  the  sum  or  sums  estimated  necessary  for  ordi- 
nary contingent  expenses,  the  board  of  education 
may  levy  a  tax  for  the  same,  in  like  manner  as  if  the 
same  had  been  voted  by  the  inhabitants. 

§  18.  If  any  question  shall  arise  as  to  what  are  superin- 
ordinary  contingent  expenses  the  same  may  be  re-  ]fec?deany 
ferred  to  the  superintendent  of  public  instruction,  !J^tkm^ 
by  a  statement  in  writing,  signed  by  one  or  more  of  Se  "con- 
each  of  the  opposing  parties  upon  the  question,  and  JJSiS/?* 
the  decision  of  the  superintendent  shall  be  conclusive. 

§  19.  It  shall  be  the  duty  of  each  of  the  said  boards  Board  to 
of  education,  elected  pursuant  to  the  provisions  of  Seeeachnct 
this  title,  to  have  a  regular  meeting  at  least  once  in  <iuarter- 
each  quarter,  and  at  such  meetings  to  appoint  one  Vjgit 
or  more  committees,  to  visit  every  school  or  depart-  |choois, 
ment  under  the  supervision  of  said  board,  and  such  ° 
committees  shall  visit  all  said  schools  at  least  twice 
in  each  quarter,  and  report  at  the  next  regular  meet- 
ing of  the  board  on  the  condition  and  prospects 
thereof. 


etc. 


80  ACT  RELATING  TO 


§  20'  Ii;  8ta11  also  be  tlle  duty  of  s^  boards, 
money  .  respectively,  to  have  reference  in  all  their  expendi- 
tures and  contracts  to  the  amount  of  moneys  which 
shall  be  appropriated,  or  subject  to  their  order  or 
drafts,  during  the  current  year,  and  not  to  exceed 
that  amount.  And  said  boards  shall  severally  apply 
all  the  moneys  apportioned  to  the  common  school 
districts  under  their  charge,  to  the  departments 
below  the  academical  ;  and  all  moneys  from  the 
literature  fund  or  otherwise,  appropriated  for  the 
support  of  the  academical  department,  to  the  latter 
departments. 
Moneys  to  §  21.  All  moneys  raised  for  the  use  of  the  union 

be  paid  in-   „    c  ,         ,      .  J        ..  .  ,1-11 

to  vii-  free  schools  in  any  city  or  incorporated  village,  or 
treasury!*7  apportioned  to  the  same  from  the  income  of  the  litera- 
ture, common  school  or  United  States  deposit  funds, 
or  otherwise,  shall  be  paid  into  the  treasury  of  such. 
city  or  village,  to  the  credit  of  the  board  of  educa- 
tion therein  ;  and  the  funds  so  received  into  such 
treasury  shall  be  kept  separate  and  distinct  from  any 
other  funds  received  into  the  said  treasury.  And 
the  officer  having  the  charge  thereof  shall  give  such 
additional  security  for  the  safe  custody  thereof  as 
the  corporate  authorities  of  such  city  or  village  shall 
Moneys,  require.  No  money  shall  be  drawn  from  such  funds, 

how  drawn         !*•••..     T    ,  -  ••    t    i  T        *        -i          A- 

credited  to  the  several  boards  of  education,  unless 

in  pursuance  of  a  resolution  or  resolutions  of  said 

board,  and   on  drafts  drawn  by  the  president  and 

countersigned  by  the  secretary,  payable  to  the  order 

of  the  person  or  persons  entitled  to  receive  such 

money,    and   stating  on  their  face  the  purpose   or 

service  for  which  such  moneys  have  been  authorized 

to  be  paid  by  the  said  board  of  education. 

Payment,        §  22.   All  moneys  raised  for  the  use  of  said  union 

SentsTaua  free  schools,  other  than  those  whose  limits  corre- 

account-     gpond   with  those   of  any   cities  and  incorporated 

school        villages,   or  apportioned  from  the  income  of  the, 

literature    or    common    school    or    United    States 

deposit  funds,  or  otherwise,  shall  be  paid  to  the 

respective  treasurers  of  the  said  several  boards   of 

education  entitled  to  receive  the  same,  and  be  by 

them  applied  to  the  uses  of  said  several  boards, 

who  shall  annually  render  their  accounts  of  all 


PUBLIC  mSTEUCTION.  81 

moneys  received  and  expended  by  them  for  the  use 
of  said  schools,  with  every  voucher  for  the  same, 
and  certified  copies  of  all  orders  of  the  said  board 
touching  the  same,  to  the  school  commissioner  of 
the  town  in  which  the  principal  school -house  of  the 
district  is  located. 

§  23.     Every  academical  department,  established  ^^art- 
as  aforesaid,  shall  be  under  the  visitation  of  the  ment 
regents  of  the  university,  and  shall  be  subject,  in  Agents.  ° 
its    course    of    education   and    matters    pertaining 
thereto   (but  not  in  reference  to  the  buildings  or 
erections  in  which  the  same  is  held ),  to  all  the  regu- 
lations  made  in  regard  to  academies  by  the  said 
regents.     In  such  departments  the  qualifications  for  Jj^^** 
the  entrance  of  any  pupil  shall  be  as  high  as  those  pupils? 
established  by  the  said  regents  for  participation  in 
the  literature  fund  of  any  academy  of  the  state  under 
their  supervision. 

§  24.  Whenever  a  union  free  school  shall  be  estab-  May  adopt 
lished  under  the  provisions  of  this  title,  and  there 
shall  exist  within  its  district  an  academy,  the  board 
of  education,  if  thereto  authorized  by  a  vote  of  the 
voters  of  the  district,  may  adopt  such  academy  as 
the  academical  department  of  the  district,  with  the 
consent  of  the  trustees  of  the  academy,  and  there- 
upon the  trustees,  by  a  resolution  to  be  attested  by 
the  signatures  of  the  officers  of  the  board,  and  filed 
in  the  office  of  the  clerk  of  the  county,  shall  declare 
their  offices  vacant,  and  thereafter  the  said  academy 
shall  be  the  academical  department  of  such  union 
free  school. 

§25.  Every  union  free  school  district,  in  all  its  subject  to 
departments,  shall  be  subiect  to  the  visitation  of  the  !up?rin-  , 

„         ,  ,.      y  ,.  —...,  tendent  of 

superintendent  of  public  instruction.    He  is  charged  public  in- 
with  the  general  supervision  of  its  board  of  educa- 8t 
tion  and  their  management  and   conduct  of  all  its 
departments  of  instruction.      And  every  board   of  Board  shall 
education  shall  annually,  between  the  first  and  fif- 
teenth  day  of  October,  make,  to  the  commissioner 
having  jurisdiction,  and  deposit  in  the  town  clerk's 
office,  a  report  for  the  preceding  school  year,  of  all 
matters  and  things  which  trustees  of  a  school  district 
are  required  to  report,  and  of  all  such  other  matters 
11 


82 


ACT  RELATING  TO 


Superin- 
tendent 
may  re- 
quire spec- 
ial report. 


Superin- 
tendent 
may  re- 
move any 
member  of 
the  board. 


This  title 
applies  to 
schools  es- 
tablished 
under  the 
act  of  1853. 


and  things  as  the  superintendent  shall,  from  time  to 
time,  require ;  and  shall  also,  whenever  thereto 
required  by  the  superintendent  of  public  instruction, 
report  fully  to  him  upon  any  particular  matter  or 
thing  ;  and  such  reports  shall  be  in  such  form,  and 
so  authenticated,  as  the  superintendent  shall,  from 
time  to  time,  require. 

§  26.  For  cause  shown,  and  after  giving  notice  of 
the  charge  and  opportunity  of  defense,  the  superin- 
tendent of  public  instruction  may  remove  any  mem- 
ber of  a  board  of  education.  Willful  disobedience 
of  any  lawful  requirement  of  the  superintendent,  or 
a  want  of  due  diligence  in  obeying  such  require- 
ment, is  cause  of  removal. 

§  27.  The  provisions  of  this  title  shall  apply  to  all 
union  free  schools  heretofore  organized  pursuant  to 
the  provisions  of  chapter  four  hundred  and  thirty- 
three  of  the  laws  of  eighteen  hundred  and  fifty- 
three. 


TITLE  X. 


Colored 
schools  in 
cities  and 
villages. 


Colored 


school 
district. 


OF   SCHOOLS   FOR   COLORED   CHILDREN. 

SECTION  1.  The  school  authorities  of  any-  city  or 
incorporated  village,  the  schools  of  which  are  or  shall 
be  organized  under  title  nine  of  this  act  or  under 
special  acts,  may,  when  they  shall  deem  it  expedient, 
establish  a  separate  school  or  separate  schools  for 
the  instruction  of  children  and  youth  of  African 
descent,  resident  therein,  and  over  five  and  under 
twenty -one  years  of  age  ;  and  such  school  or  schools 
shall  be  supported  in  the  same  manner  and  to  the 
same  extent  as  the  school  or  schools  supported 
therein  for  white  children,  and  they  shall  be  sub- 
ject to  the  same  rules  and  regulations,  and  be  fur- 
nished with  facilities  for  instruction  equal  to  those 
furnished  to  the  white  schools  therein. 

§  2.  The  trustees  of  any  union  school  district,  or 
of  any  school  district  organized  under  a  special  act, 
may,  when  the  inhabitants  of  any  school  district  shall 
so  determine,  by  resolution  at  any  annual  meeting, 


PUBLIC  INSTRUCTION.  ,      83 

or  at  a  special  meeting  called  for  that  purpose,  estab- 
lish a  separate  school  or  separate  schools  for  the 
instruction  of  such  colored  children  resident  therein, 
and  such  schools  shall  be  supported  in  the  same 
manner,  and  receive  the  same  care,  and  be  furnished 
with  the  same  facilities  for  instruction  as  the  white 
schools  therein. 

§  3.  No  person  shall  be  employed  to  teach  any  Teacher 
of  such  schools  who  shall  not,  at  the  time  of  such  ™u|flvbe 
employment,  be  legally  qualified.  qualified. 

§  4.  Section  one  hundred  and  forty-seven  of  chap-  Former  act 
ter  four  hundred  and  eighty,  laws  of  eighteen  hun-  repealed. 
dred  and  forty-seven,  is  hereby  repealed. 


TITLE  XL 

OF  TEACHERS'  INSTITUTES. 
SECTION  1.  It  shall  be  the  duty  of  every  school 

.   ,  J,  ,    *  .        sioner  to- 

commissioner,  at  least  once  in  each  year,  to  organize  hold  an  in. 
in  his  own  district,  or,  in  concert  with  one  or  more  st 
commissioners    in    the    same    county,  to  organize 
in  and  for  the  combined  districts,  a  teachers'  institute, 
and  to  induce,  if  possible,  all  the  teachers  in  his  dis- 
trict to  be  present  and  take  part  in  its  exercises. 

§2.  The  commissioner  or  commissioners,  subject  TO  give 
always  to  the  advice  and  direction  of  the  superin-  J{JJ  notice» 
tendent  of  public  instruction,  shall,  in  such  form 
and  manner  as  may  be  deemed  most  effectual,  give 
public  notice  to  the  teachers  of  the  district,  or  com- 
bined districts,  and  to  all  others  who  may  desire  to 
become  such,  of  the  time  when  and  the  place  where 
the  institute  will  be  organized. 

§  3.  The  superintendent  of  public  instruction  shall  superin- 
advise  and  co-operate  with  the  school  commissioners          * to 
in  fixing  the  times  and  places  of  holding  the  teach- 
ers'  institute;  and  he  shall  have  power  to  employ,  or  etc 
cause  the  school  commissioners  to  employ,  suitable 
persons,  at  a  reasonable  compensation,  to  conduct 
and  teach  the  institutes  ;  and  he  shall  visit,  or  cause 
to  be  visited  by  persons  employed  in  the  department 
of  public  instruction,  such  and  so  many  of  the  in- 


84  ACT  RELATING  TO 

stitutes  as  he  possibly  can,  for  the  purpose  of  ex- 
amining into  the  course  and  manner  of  instruction 
pursued,  and  of  rendering  such  assistance  as  he  may 
Toestab-  find  expedient;  and  he  shall  establish  -the  bases 
upon  which  the  yearly  appropriation  for  the  sup- 
Por^  °f  teachers'  institutes  shall  be  distributed  to 
the  several  institutes,  and  the  term  or  terms  during 
which  the  same  may  be  held,  having  reference,  in 
the  establishment  of  such  regulations,  to  the  num- 
ber of  teachers  in  the  county,  district  or  combined 
districts,  and  in  attendance  at  the  institute,  to  the 
length  of  time  during  which  they  shall  be  held, 
to  the  facilities  for  attendance  upon  them,  and  to 
local  disadvantages  requiring  especial  considera- 
tion. 

§  ^-  ^ne  superintendent  of  public  instruction  may 
establish  such  regulations  in  regard  to  certificates 
ishruia-  of  qualification  or  recommendation,  which  may  be 
issued  by  school  commissioners,  as  will  in  his  judg- 
ment furnish  incentives  and  encouragement  to  teach- 
Teachers    ers  ^°  a^end  ^ae  institutes  ;  and  the  closing  of  his 
may  dose   school  by  a  teacher  for  the  time  during  which  an 
5S°?it£to  institute  shall  be  held  in  and  for  the  county  or  school 
contract,    commissioner  district  in  which  his  school  is,  and 
which  institute  he  shall   have  attended  during  the 
time  for  which  he  closed  his  school,  shall  not  work 
a  forfeiture  of  the  contract  under  which  he  is  teach- 
ing ;  and  he  shall  be  allowed  to  make  up  for  the  time 
spent  in  attending  the  institute,  by  teaching  the 
school  the  same  length  of  time  immediately  at  the 
end  of  the  term  for  which  he  contracted  to  teach. 
Trustees  to      *  §  5.   The  trustees   of   every  school   district  are 
teacher,     hereby  directed  to  give  the  teacher  or  teachers  em- 
ployed  by  them  the  whole  of  the  time  spent  by  such 
teacher  or  teachers  in  attending  at  any  regular  ses- 
sion or  sessions  of  an  institute  in  a  county  embrac- 
ing the  school  district,  or  a  part  thereof,  without 
deducting  any  thing  from  his  or  their  wages  for  the 
time  so  spent ;    and  whenever  the  trustees'  report 
shows  that  a  district  school  has  been  supported  for 
the  full  time  required  by  law,  including  the  time 

*  As  amended  by  sec.  23,  chap.  406,  Laws  of  1867. 


PUBLIC  INSTRUCTION.  85 


spent  by  the  teacher  or  teachers  in  their  employ  in 
attendance  upon  such  institute,  and  that  the  trustees  at  institute 
have  given  the  teacher  or  teachers  the  time  of  such  ported.6" 
absence,  and  have  not  deducted  any  thing  from  his 
or  their  wages  on  account  thereof,  the  superintendent 
of  public  instruction  may  include  the  district  in  his 
apportionment  of  the  state  school  moneys,  and  direct 
that  it  be  included  by  the  school  commissioner  or 
commissioners  in  their  apportionment  of  school 
moneys,  provided  always  that  such  school  district 
be  in  all  other  respects  entitled  to  be  included  in  such 
apportionment. 

§  6.  The  treasurer  shall  pay,  on  the  warrant  of  the  Mode  of 
comptroller,  to  the  order  of  any  one  or  more  of  the  paym< 
school  commissioners,  such  sum  or  sums  of  money 
as   the  superintendent  of  public  instruction  shall 
certify  to  be  due  to  them  for  expenses  in  holding  a 
teachers'  institute  ;  and,  upon  the  like  warrant  and 
certificate,  to  the  order  of  any  persons  employed  by 
the  superintendent  to  conduct  and  teach  any  teachers' 
institute,  his  reasonable  compensation  as  certified  by 
the  superintendent. 

§  7.  The  school  commissioner  or  commissioners  by  TO  trans- 
whom  any  teachers'  institute  shall  be  organized,  ™gueaan"d 
shall  transmit  to  the  superintendent  of  public  in- 
str  action  a  catalogue  of  the  names  of  all  persons 
who  shall  have  attended  such  institute,  with  such 
other  statistical  information,  in  such  form  and  within 
such  time  as  may  be  prescribed  by  said  superin- 
tendent. 

TITLE  XII. 

ON   APPEALS    TO    THE   SUPERINTENDENT   OF  PUBLIC 
INSTRUCTION. 

SECTION  1.   Any  person  conceiving  himself  ag- 
grieved  in  consequence  of  any  decision  made  :  peaii.ap~ 

1.  By  any  school  district  meeting  ;  From 

2.  By  any  school  commissioner  or  school  commis-  v 
sioners  and  other  officers,  in  forming  or  altering,  or 
refusing  to  form  or  alter,  any  school  district,  or  in 
refusing  to  apportion  any  school  moneys  to  any  such 
district  or  part  of  a  district  ; 


86  ACT  RELATING  TO 

3.  By  a  supervisor  in  refusing  to  pay  any  such 
moneys  to  any  such  district ; 

4.  By  the  trustees  of  any  district  in  paying  or  re- 
fusing to  pay  any  teacher,  or  in  refusing  to  admit  any 
scholar  gratuitously  into  any  school ; 

ibid.  5.  By  any  trustees  of  any  school  district  library 

concerning  such  library,  or  the  books  therein,  or  the 
use  of  such  books ; 

Ibi(L  6.  By  any  district  meeting  in  relation  to  the  library ; 

ibid.  7.  By  any  other  official  act  or  decision  concerning 

any  other  matter  under  this  act,  or  any  other  act 
pertaining  to  common  schools,  may  appeal  to  the 
superintendent  of  public  instruction,  who  is  hereby 
authorized  and  required  to  examine  and  decide  the 

superin-     same  ;  and  his  decision  shall  be  final  and  conclusive, 

derision'8    an(^  no^  subject  to  question  or  review  in  any  place 

final.         or  court  whatever. 

Power  of        §  2.  The  superintendent,  in  reference  to  such  ap- 

SESrt.     peals,  shall  have  power : 

1.  To  regulate  the  practice  therein ; 

2.  To  determine  whether  an  appeal  shall  stay  pro- 
ceedings, and  prescribe  conditions   upon   which  it 
shall  or  shall  not  so  operate; 

3.  To  decline  to  entertain,  or  dismiss,  an  appeal,, 
when  it  shall  appear  that  the  appellant  has  no  inter- 
est in  the  matter  appealed  from,  and  that  the  matter 
is  not  a  matter  of  public  concern,  and  that  the  person 
injuriously  affected  by  the  act  or  decision  appealed 
from  is  incompetent  to  appeal; 

4.  To  make  all  orders,  by  directing  the  levying  of 
taxes  or  otherwise,  which   may,  in  his  judgment,  be 
proper  or  necessary  to  give  effect  to  his  decision. 

§  3.  The  superintendent  shall  file,  arrange  in  the 
tendent"  order  of  time,  and  keep  in  his  office,  so  that  they  may 
saaersfile  ^e  at  a^  times  accessible,  all  the  proceedings  on  every 

appeal  to  him  under  this  title,  including  his  decision 
copies  of  and  orders  founded  thereon  ;  and  copies  of  all  such 
meaysbenat-  papers  and  proceedings,  authenticated  by  him  under 
tested  by  his  seal  of  office,  shall  be  evidence  equally  with  the 

originals. 


PUBLIC  INSTRUCTION.  87 


TITLE  XIII. 

MISCELLANEOUS  PROVISIONS. 

SECTION  1.  Whenever  the  share  of  school  moneys  school 
or  any  portion  thereof,  apportioned  to  any  town,  ™enna1tfes 
school  district  or   separate  neighborhood,    or  any  fortneir 

i'-ii  i  i     T  •  •  1OSS . 

money  to  which  a  town,  school  district  or  separate 
neighborhood  would  have  been  entitled,  shall  be  lost, 
in  consequence  of  any  willful  neglect  of  official  duty 
by  any  school  commissioner,  town  clerk,  trustees  or 
clerks  of  school  districts,  the  officer  or  officers  guilty 
of  such  neglect  shall  forfeit  to  the  town,  school  dis- 
trict or  separate  neighborhood  so  losing  the  same, 
the  full  amount  of  such  loss  with  interest  thereon. 

§  2.  Where  any  penalty  for  the  benefit  of  a  school  ^n^£°r 
district,  or  of  the  schools  of  any  school  district,  town,  prosecute. 
school   commissioner  district,  or  county,    shall  be 
incurred,  and  the  officer  or  officers  whose  duty  it  is 
by  law  to  sue  for  the  same  shall  willfully  and  unrea- 
sonably refuse  or  neglect  to  sue  for  the  same,  such 
officer  or  officers  shall  forfeit  the  amount  of  such 
penalty  to  the  same  use,  and  it  shall  be  the  duty  of 
their  successor  or  successors  in  office  to  sue  for  the 
same. 

*  §  3.  Any  person  who  shall  willfully  disturb,  in-  Penaityfor 
terrupt  or  disquiet  any  district  school  or  school  meet-  schooibors 
ing  in  session,  or  any  persons  assembled,  with  the  meeting. 
permission  of  the  trustees  of  the  district,  in  any  dis- 
trict school-house,  for  the  purpose  of  giving  or  re- 
ceiving instruction  in  any  branch  of  education  or 
learning,  or  in  the  science  or  practice  of  music,  shall 
forfeit  twenty -five  dollars,  for  the  benefit  of  the  school 
district. 

§  4.  It  shall  be  the  duty  of  the  trustees  of  the  dis- 
trict,  or  the  teacher  of  the  school,  and  he  shall  have 
power,  to  enter  a  complaint  against  such  offender  be- 
fore any  justice  of  the  peace  of  the  county,  or  the 
mayor  or  any  alderman,  recorder  or  other  magistrate 
of  the  city  wherein  the  offense  was  committed.  The 
magistrate  or  other  officer  before  whom  the  complaint 

*  As  amended  by  sec.  24,  chap.  406,  Laws  of  1867. 


88  ACT  RELATING  TO 

is  made,  shall  thereupon  by  his  warrant,  directed  to 
any  constable  or  person,  cause  the  person  complained 
of  to  be  arrested  and  brought  before  him  for  trial. 
If  such  person,  on  the  charge  being  stated  to  him, 
shall  plead  guilty,  the  magistrate  shall  convict  him ; 
and,  if  he  demands  a  trial  by  the  magistrate,  shall 
summarily  try  him ;  and,  if  he  demands  a  trial  by 
jury,  the  magistrate  shall  issue  a  venire,  and  impanel 
a  jury  for  his  trial,  and  he  shall  be  tried  in  the  same 
manner  as  in  a  court  of  special  sessions. 
Penalty.  §  5.  If  any  person  convicted  of  the  said  offense  do 
not  immediately  pay  the  penalty,  with  the  costs  of 
the  prosecution,  or  give  security  to  the  satisfaction 
of  the  magistrate  for  the  payment  thereof  within 
twenty  days,  the  magistrate  or  other  officer  shall 
commit  him  to  the  common  jail  of  the  county,  there 
to  be  imprisoned  until  the  penalty  and  costs  be  paid, 
but  not  exceeding  thirty  days. 

§  6.  In  any  action  against  a  school  officer  or  offi- 
wwinS8  cer?>  including  supervisors  of  towns,  in  respect  of 
officers  their  duties  and  powers  under  this  act,  for  any  act 
performed  by  virtue  of  or  under  color  of  their  offices, 
or  for  any  refusal  or  omission  to  perform  any  duty 
enjoined  by  law,  and  which  might  have  been  the 
subject  of  an  appeal  to  the  superintendent,  no  costs 
shall  be  allowed  to  the  plaintiff,  in  cases  where  the 
court  shall  certifiy  that  it  appeared  on  the  trial  that 
the  defendants  acted  in  good  faith.  But  this  pro- 
vision shall  not  extend  to  suits  for  penalties,  nor  to 
suits  or  proceedings  to  enforce  the  decisions  of  the 
superintendent. 

*§  7.  Whenever  the  trustees  of  any  school  district 
or  any  school  district  officer  or  officers  have  been 
or  shall  be  instructed  by  a  resolution  of  the  district 
at  a  meeting  called  for  that  purpose,  to  defend  any 
action  brought  against  them,  or  to  bring  or  defend 
an  action  or  proceeding  touching  any  district  prop- 
erty or  claim  of  the  district  or  involving  its  rights 
or  interests,  or  to  continue  any  such  action  or  de- 
fense all  their  costs  and  reasonable  expenses,  as  well 
as  all  costs  and  damages  adjudged  against  them, 

*  As  amended  by  chap.  174,  Laws  of  1878. 


PUBLIC  INSTRUCTION.  89 

shall  be  a  district  charge  and  shall  be  levied  by  tax.  * 

If  the  amount  claimed  by  them  be  disputed  by  a  dis- 
trict meeting  it  shall  be  adjusted  by  the  county  judge 
of  any  county  in  which  the  district  or  any  part  of  it  is 
situated. 

§  8.  Whenever  such  trustees  or  any  school  district  Action 
officer  shall  have  brought  or  defended  any   such  SSectSn 
action  or  proceeding,  without  any  such  resolution  expdjnsesctl 
of  the  district  meeting,  and  after  the  final  determina-  how  paid, 
tion  of  such  suit  or  proceeding,  shall  present  to  any 
regular  meeting  of  the  inhabitants  of  the  district  an 
account  in  writing  of  all  costs,  charges  and  expenses 
paid  by  him  or  them,  with  the   items  thereof,   and 
verified  by  his  or  their  oath  or  affirmation,   and  a 
majority  of  the  voters  at  such  meeting  shall  so  direct, 
it  shall  be  the  duty  of  the  trustees  to  cause  the  same 
to  be  assessed  upon  and  collected  of  the  taxable  prop- 
erty of  said  district,  in  the   same   manner  as   other 
taxes  are  by  law  assessed  and  collected  ;  and  when 
so  collected,  the  same  shall  be  paid  over,  by  an  order 
upon  the  collector,  to  the  officer  or  officers  entitled  to 
receive  the  same ;  but  this  provision  shall  not  extend 
to  suits  for  penalties,  nor  to  suits  or  proceedings  to 
enforce  the  decisions  of  the  superintendent  of  pub- 
lic instruction. 

*§  9.  Whenever  an  officer  or  officers  mentioned  in  when  the 
the  last  preceding  section  of  this  act  shall  have  com-  ^le?  what 
plied  with  the  provisions  of  said  section,  and  the  action, 
inhabitants  shall  have  refused  to  direct  the  trustees 
to  levy  a  tax  for  the  payment  of  the  costs,  charges 
and  expenses  therein  mentioned,  it  shall  be  lawful 
for  him  or  them  then  and  there  to  give  notice  orally 
and  publicly,  that  he  will  appeal  to  the  county  judge 
of  the  county,  and  in  case  of  his  disability  to  act  in 
the  matter  by  being  disqualified  or  otherwise,  then 
to  the  district  attorney  of  the  county  in  which  the 
school-house  of  said  district  is  located,  from  the  re- 
fusal of  said  meeting  to  vote  a  tax  for  the  payment 
of  said  claim,  and  the  inhabitants  may  then  and 
there,  or  at  any  subsequent  district  meeting,  appoint 
one  or  more  of  the  inhabitants  of  the  district  to  pro- 

*  As  amended  by  sec.  1,  chap.  746,  Laws  of  1871. 

12 


90  ACT  RELATING  TO 

tect  the  rights  and  interest  of  the  district  upon  said 
appeal.  And  the  officer  or  officers  before  mentioned 
shall  thereupon,  within  ten  days,  serve  upon  the 
clerk  of  said  district  (or  if  there  be  no  such  clerk, 
upon  the  town  clerk  of  the  town)  a  copy  of  the  afore- 
said account,  so  sworn  to,  together  with  a  notice,  in 
writing,  that  on  a  certain  day  therein  specified  he  or 
they  intend  to  present  such  account  to  the  county 
judge  or  to  the  district  attorney,  as  the  case  may  be, 
for  settlement.  And  the  clerk  shall  record  such 
notice,  together  with  the  copy  of  the  account,  and 
the  same  shall  be  subject  to  the  inspection  of  the  in- 
habitants of  the  district.  And  it  shall  be  the  duty 
of  the  person  or  persons  appointed  by  any  district 
meeting  for  that  purpose,  to  appear  before  the  county 
judge  or  the  district  attorney,  as  the  case  may  be, 
on  the  day  mentioned  in  the  notice  aforesaid,  and  to 
protect  the  rights  of  the  district  upon  such  settle- 
ment ;  and  the  expenses  incurred  in  the  performance 
of  this  duty  shall  be  a  charge  upon  said  district,  and 
the  trustees,  upon  presentation  of  the  account  of 
such  expenses,  with  the  proper  voucher  therefor, 
may  levy  a  tax  therefor,  or  add  the  same  to  any 
other  tax  to  be  levied  by  them  ;  and  their  refusal  to 
levy  said  tax  for  the  payment  of  said  expenses  shall 
be  subject  to  an  appeal  to  the  superintendent  of  pub- 
lic instruction. 

*§  10.  Upon  the  appearance  of  the  parties,  or  upon 
due  proof  of  service  of  the  notice  and  copy  of  the 
account,  the  county  judge  shall  examine  into  the 
matter  and  hear  the  proofs  and  allegations  pro- 
pounded by  the  parties,  and  decide  by  order  whether 
or  no  the  account,  or  any  and  what  portion  thereof, 
ought  justly  to  be  charged  upon  the  district,  with 
costs  and  disbursements  to  such  officer  or  officers, 
in  his  discretion,  which  costs  and  disbursements 
shall  not  exceed  the  sum  of  thirty  dollars,  and  the 
decision  of  the  county  judge  shall  be  final  ;  but  no 
portion  of  such  account  shall  be  so  ordered  to  be 
paid  which  shall  appear  to  such  judge  to  have  arisen 
from  the  willful  neglect  or  misconduct  of  the  claim- 
ant. The  account,  with  the  oath  of  the  party  claim- 

*  As  amended  by  chap.  5U,  Laws  of  1874. 


PUBLIC  INSTRUCTION.  91 

ing  the  same,  shall  be  prim  a  facie  evidence  of  the 
correctness  thereof.  The  county  judge  may  adjourn 
the  hearing  from  time  to  time,  as  justice  shall'  seem 
to  require. 

§  11.  It  shall  be  the  duty  of  the  trustees  of  any 
school  district,  within  thirty  days  after  service  of  a 
copy  of  such  order  upon  them  or  upon  the  district 
clerk,  and  notice  thereof  to  them  or  any  two  of  them, 
to  cause  the  same  to  be  entered  at  length  in  the  book 
of  records  of  said  district,  and  to  raise  the  amount 
thereby  directed  to  be  paid,  by  a  tax  upon  the  dis- 
trict, to  be  by  them  assessed  and  levied  in  the  same 
manner  as  a  tax  voted  by  the  district. 

§  12.  For  the  support  of  the  Indian  schools,  al-  Indian 
ready  established  and  which  may  be  established, 
under  authority  of  chapter  seventy-one  of  the  laws 
of  eighteen  hundred  and  fifty-six,  the  superintendent 
of  public  instruction,  in  his  annual  general  appor- 
tionment of  the  state  school  moneys  appropriated 
for  the  support  of  common  schools,  shall  make  an 
equitable  apportionment,  as  provided  by  section  six 
of  title  three  of  this  act ;  and  the  moneys  which 
shall  be  thus  apportioned,  and  those  which  have  been 
apportioned  for  their  support,  under  authority  of 
section  four,  chapter  seventy-one  of  the  laws  of 
eighteen  hundred  and  fifty-six,  shall  be  paid  out  of 
the  treasury  for  expenditures  authorized  by  law  and 
actually  incurred  in  the  support  of  such  schools, 
upon  the  warrant  of  the  superintendent,  counter- 
signed by  the  comptroller. 

§  13.  The  superintendent  of  public  instruction,  so 
soon  as  may  be  after  the  passage  of  this  act,  shall 
prepare  and  cause  to  be  printed,  and  distribute  ute,  etc. 
among  the  school  districts  of  the  state,  to  each  one 
copy,  an  edition  of  this  statute,  with  brief  annotations 
embodying  such  of  the  decisions  of  the  courts  of  the 
state,  and  of  the  superintendents  of  common  schools 
and  the  superintendents  of  public  instruction  as  are 
applicable  thereto,  and  such  comments,  explanations 
and  instructions  as  he  shall  deern  necessary  or  expe- 
dient, and  the  same  shall  be  deposited  with  the 
district  clerk,  and  kept  by  him  for  the  use  of  the 
inhabitants. 


92  ACT  RELATING  TO 

§  14.  All  provisions  of  law  repugnant  to  or  incon- 
sistent with  the  provisions  of  this  act,  are  hereby 
repealed,  saving  always  all  rights  of  action  vested 
under  such  prior  provisions,  and  proceedings  com- 
menced for  the  assertion  thereof ;  but  nothing  herein 
contained,  unless  it  be  so  expressed,  shall  be  con- 
strued, unless  by  inevitable  implication,  to  revive  any 
act  or  portion  of  an  act  heretofore  repealed  ;  nor  to 
impair  or  in  any  manner  affect  or  change  any  special 
law  touching  the  schools  or  school  system  of  any  city 
or  incorporated  village  of  the  state. 


The  two  following  paragraphs -,  amendatory  of  the 
General  School  Act,  but  not  of  any  particular 
title  thereof,  were  passed  as  sections,  26  and  27, 
of  chap.  406,  Laws  of  1867. 

-  Hereafter  all  moneys  now  authorized  by  any 
toforeau-  special  acts  to  be  collected  by  rate  bill  for  the  pay- 
by°splcfai  ment  of  teachers'  wages,  shall  be  collected  by  tax, 

ShS<Lbol~  and  not.  by rate  .bil1- 

Locaitax        Nothing  in  this  act  contained  shall  be  construed 
cannot  be  ^°  authorize  the  common  council  of  any  city  to  in- 
increased,  crease  the  local  city  tax  for  the  support  of  the  schools 
therein,  beyond  the  amounts  they  are  now  author- 
ized by  law  to  raise  for  local  school  purposes,  and 
such  local  tax  shall  be  reduced  in  such  city,  by  an 
amount  equal  to  the  amount  it  shall  receive  by  the 
additional  tax  authorized  by  this  act,  for  the  support 
of  schools  in  the  state  generally. 


APPENDIX.  93 


APPENDIX. 


*CHAP.  800. 

AN  ACT  to  provide  for  the  appraisal  of,  and  acquir- 
ing title  to  lands  taken  for  or  in  addition  to  sites 
for  district  school-houses. 

PASSED  April  25,  1866  :  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

SECTION  1.  Land  for  the  site  of  a  district  school-  Landi  or 


house,  or  additional  land  adjoining  to  and  for  the 
enlargement  of  an  established  site,  not  exceeding  one  site. 
acre,  may  be  acquired  in  cases  where  the  owner  or 
owners  thereof,  or  some  of  them,  shall  not  consent  to 
sell  the  same  for  such  purpose,  or  tjie  trustee  or  trus- 
tees of  the  district  cannot  agree  with  such  owner  or 
owners,  or  some  of  them,  upon  the  price  or  value 
thereof,  as  follows  : 

A  petition  shall  be  prepared  for  presentation  to  the  Mode  of 
county  court  of  the  county  in  which  the  land  is  situ-  procedure. 
ated,  at  some  regular  term  thereof,  signed  by  the 
trustee  or  trustees  of  the  district,  or  a  majority  of 
them,  setting  forth  that  the  inhabitants  of  the  dis- 
trict have  designated  or  desire  to  obtain  the  land  for 
the  site  of  a  district  school-house,  or  in  addition  to 
and  for  the  enlargement  of  that  already  established 

*  As  amended  by  chap.  819,  Laws  of  1867,  and  chap.  329,  Laws  of  1871. 


94  APPENDIX. 

as  such  site,  describing  such  land  by  its  locality  and 
by  particular  metes  and  bounds,  stating  the  quantity 
thereof  as  nearly  as  may  be,  with  the  name  or  names, 
and  place  or  places  of  residence  of  the  owner  or 
owners,  and  that  the  consent  of  such  owner  or  own- 
ers, or  some  of  them,  to  sell  such  land  for  said  pur- 
pose, cannot  be  obtained,  or  that  the  trustee  or 
trustees  cannot  agree  with  him  or  them,  or  some  of 
them,  upon  a  reasonable  price  therefor,  and  praying 
for  the  appointment  of  commissioners  to  appraise 
the  same. 

"  Said  petition  shall  be  filed  in  the  office  of  the 
county  clerk  of  the  county  in  which  the  land  is  situ- 
ated, and  at  the  time  of  filing  thereof,  or  at  any  time 
afterwards,  the  petitioners  may  cause  a  notice  of  the 
pendency  of  the  proceedings  to  be  filed  in  said  office, 
which  notice  the  county  clerk  shall  file  and  record 
in  the  same  manner  that  similar  notices  in  actions  in 
the  supreme  court  are  required  to  be  filed  and  re- 
corded ;  which  notice  shall  state  the  object  of  the 
proceeding,  and  contain  a  description  of  the  land 
and  the  names  of  the  parties  affected  thereby.  And 
all  persons  who  shall  acquire  in  whatsoever  way, 
any  title  to,  interest  in,  lien  or  incumbrance  upon  said 
land,  after  the  filing  of  the  notice  of  the  pendency 
of  the  proceedings  as  aforesaid,  shall  be  bound  and 
affected  by  said  proceedings  in^the  same  manner  and 
to  the  same  extent  as  if  they  had  been  named  in  the 
petition  as  parties  thereto  ;  and  said  persons  shall 
also  be  bound  in  the  same  manner  and  to  the  same 
extent,  by  notice  of  the  existence  of  said  proceeding, 
whether  notice  of  the  pendency  thereof  has  been  filed 
or  not.  The  petitioners  may  appear  and  prosecute 
such  proceedings  by  an  attorney." 

A  copy  of  said  petition  with  a  notice  thereto  an- 
nexed of  the  time  and  place  when  and  where  the 
same  will  be  presented  to  said  county  court,  ad- 
dressed to  the  owner  or  owners  of  the  required  lands, 
shall  be  served  in  all  cases,  except  as  hereinafter 
allowed,  as  follows :  Upon  each  person  to  whom 
the  notice  is  addressed,  who  resides  in  the  county  in 
which  the  land  is  situated,  by  delivering  to  each  such 
person,  or  in  case  of  his  absence,  by  leaving  at  his 


APPENDIX.  95 

dwelling-house  or  usual  place  of  abode  or  business, 
such  copy  and  notice,  at  least  thirty  days  before  the 
day  specified  in  the  notice  for  the  presentation  of  the 
petition.  Upon  each  such  person  who  shall  reside 
out  of  such  county,  by  depositing  such  copy  and  no- 
tice in  one  of  the  post-offices  nearest  to  said  land, 
directed  to  such  person  at  his  reputed  place  of  resi- 
dence, and  paying  the  proper  postage  thereon,  at 
least  forty  days  before  the  day  specified  in  the  notice 
for  the  presentation  of  the  petition,  if  such  place 
of  residence  be  within  this  state,  and  at  least  sixty 
days  before  that  day  if  such  place  of  residence  be 
out  of  this  state,  except  that  if  such  place  of  resi- 
dence be  in  the  upper  peninsula  of  Michigan,  or  in 
any  state  or  territory  of  the  United  States  west  of 
the  Mississippi  river,  except  the  states  of  Iowa,  Mis- 
souri, Arkansas  and  Louisiana  or  any  place  out  of 
the  jurisdiction  of  the  United  States/ then  at  least 
four  months  before  such  specified  day  of  presenta- 
tion. If  any  such  owner  or  owners  shall  reside  out 
of  the  state,  and  shall  have  an  agent  or  attorney 
residing  therein,  authorized  to  convey  or  contract  for 
the  sale  of  his  or  their  interest  in  said  lands  who 
shall  not  consent,  or  with  whom  the  trustee  or  trus- 
tees cannot  agree  as  aforesaid,  then  and  in  that  case 
the  service  of  the  copy  of  petition  and  of  notice  Notice  may 
aforesaid  may  be  made  upon  such  agent  or  attorney 
instead  of  upon  such  owner  or  owners,  either  person- 
ally or  by  depositing  the  same  in  a  post-office  as 
aforesaid,  directed  to  such  agent  or  attorney  at  his 
place  of  residence,  and  paying  postage  as  aforesaid, 
the  same  number  of  days  or  months  before  the  said 
specified  day  for  the  presentation  of  the  petition,  as 
if  the  service  were  upon  such  owner  or  owners,  as 
hereinbefore  required.  If  any  such  owner  shall  be 
an  infant,  under  the  age  of  twenty-one  years,  such 
service  shall  be  made  on  his  general  guardian  ;  if  on 
there  be  no  such  guardian,  on  the  infant,  if  over  four-  dian- 
teen  years  of  age,  and  if  under  that  age,  on  the  per- 
son with  whom  such  infant  shall  reside,  in  each  case 
in  the  sanle  mode,  and  the  same  number  of  days  or 
months  before  the  specified  day  for  the  presentation 
of  the  petition,  as  if  the  service  were  upon  an  adult  ' 


96 


APPENDIX. 


If  owner  be 
an  idiot. 


Owner  may 
appear  in 
person  or 
by  attor- 
ney. 


Courts  to 
appoint 
commis- 
sioners by 
an  order. 


owner,  according  to  the  place  of  residence  of  such 
guardian,  infant,  or  person  with  whom  such  infant 
resides,  upon  whom  service  is  made.  If  any  such 
owner  shall  be  an  idiot,  or  of  unsound  mind,  service 
shall  be  made  upon  the  committee  of  his  person  or 
estate  ;  or,  if  there  be  no  such  committee,  then  upon 
the  person  who  shall  have  the  care  of  such  idiot  or 
person  of  unsound  mind,  in  the  same  mode  and  the 
same  number  of  days  before  the  presentation  of  the 
petition,  as  in  other  cases.  In  all  other  cases  service 
of  copies  of  the  petition,  of  notices,  appointments  of 
guardians  or  committees,  orders  or  other  papers  in 
the  proceedings  under  this  act,  or  in  connection  there- 
with, shall  be  made  as  the  court  in  which  the  pro- 
ceedings are  had  shall  direct. 

§  2.  On  presenting  such  petition  to  the  county 
court  aforesaid,  on  the  day  specified  for  its  presenta- 
tion as  aforesaid,  with  proof  of  service  of  a  copy  or 
copies  thereof  and  notice,  and  of  other  papers  as 
hereinbefore  required,  all  persons  whose  estate  or 
interest  are  to  be  affected  by  the  proposed  proceed- 
ings, relative  to  the  land  described  in  the  petition, 
may  appear  in  person  or  by  attorney,  or  other  proper 
representative,  before  the  said  court,  and  show  cause 
against  granting  the  prayer  of  the  petitioners.  The 
said  court  shall  hear  the  proofs  and  allegations  of 
the  parties,  and  if  no  sufficient  cause  be  shown 
against  granting  the  prayer  of  the  petitioners,  shall 
make  an  order  appointing  three  disinterested  and 
suitable  persons,  residing  in  the  same  county,  neither 
of  whom  shall  be  an  inhabitant  of  the  school  dis- 
trict named  in  the  petition,  or  interested  in  any 
taxable  property  therein,  or  who  shall  be  within  two 
degrees  of  relationship,  by  blood  or  marriage,  to  any 
owner  of  such  taxable  property,  or -to  any  owner  of 
the  land  described  in  such  petition,  as  commissioners 
to  appraise  the  said  land,  and  to  award  the  compen- 
sation to  be  made  to  the  owner  or  owners  thereof  for 
the  same,  for  the  purposes  specified  in  said  petition  ; 
and  the  said  court  shall  specify  and  appoint  in  such 
order  the  time  and  place  within  said  school  district, 
for  the  first  meeting  of  said  commissioners,  and  also 


APPENDIX.  97 

the  time  and  place,  when  and  where  said  county 
court  will  receive  the  report  of  said  commissioners 
of  their  proceedings  and  award  in  the  premises,  for 
confirmation. 

§  3.  The  said  commissioners,  before  entering  upon  commis- 
their  duties,  shall  be  sworn  before  some  officer,  mustrbe 
authorized  to  administer  oaths,  that  they  will  fairly  sworn- 
and  impartially  view  the  land  in  question,  hear  the 
proofs  and  allegations  of  the  parties  interested,  and 
make  a  just  and  reasonable  award  of  the  compensation 
to  be  paid  by  the  school  district  for  the  said  land  to  be 
appropriated  for  a  site  or  part  of  a  site  for  a  district 
school-house.  The  said  commissioners  shall  have  powers  of 
power  to  issue  subpoenas  and  administer  oaths  to 
witnesses,  and  a  majority  of  them  may  adjourn  the 
proceeding  from  time  to  time  if  necessary.  They 
shall  also  view  the  land  in  question,  hear  the  proofs 
and  allegations  of  parties,  reduce  the  testimony 
given,  if  any,  to  writing  ;  and  without  unnecessary 
delay,  they,  or  a  majority  of  them,  shall  appraise  onera 
the  said  land  and  determine  and  award  the  compen- 
sation which  ought  to  be  made  therefor  by  said 
school  district,  to  the  party  or  parties  owning  the 
same.  They  shall  make  a  written  report  of  their 
proceedings  and  award  in  the  case,  signed  by  them, 
or  a  majority  of  them,  which  shall  be  accompanied 
by  the  minutes  of  the  testimony  taken  by  them,  and 
shall  deliver  the  same  to  the  county  judge  of  the 
county  on  or  before  the  day  named  in  the  order 
appointing  them,  for  receiving  such  report  for  con- 
firmation. The  said  commissioners  shall  be  entitled  Pay* 
to  two  dollars  per  day  for  their  services,  which  shall 
be  a  charge  upon  and  be  paid  by  the  school  dis- 
trict in  whose  behalf  the  land  in  question  has  been 
appraised  by  them  as  aforesaid. 

§  4.  On  the  day  and  at  the  time  and  place  appointed 
in  the  order  aforesaid  for  receiving  such  report,  the 
county  court  aforesaid,  on  being  satisfied  of   the  and  judge 
regularity  and  fairness  of  the  previous  proceedings,  trustees  a 
shall  make  an  order  reciting  the  proceedings,  giving  copy- 
a  description  of  the  land  appraised,  confirming  the 
report   and  directing  to  whom  the  compensation 
awarded  shall  be  paid,  or  where  and  with  whom  the 
13 


98  APPENDIX. 

same  shall  be  deposited.  A  certified  copy  of  the 
last-mentioned  order  shall,  without  unnecessary  de- 
lay, be  delivered  by  the  judge  holding  said  county 
court  to  the  trustee  or  trustees  aforesaid,  or  to  one 
of  them,  whose  duty  it  shall  be  forthwith  to  cause 
the  same  to  be  recorded  at  the  expense  of  the  said 
school  district,  in  the  office  of  the  county  clerk  of 
the  county  in  which  the  land  therein  described  is 
Trustees  to  situated.  The  trustee  or  trustees  are  hereby  author- 
ized and  directed,  on  the  filing  of  said  order  with 
the  county  clerk  as  aforesaid,  forthwith  to  levy  a 
district  tax  for  a  sum  sufficient  to  pay  the  compen- 
sation named  in  said  award  and  the  expense  of  re- 
cording said  order. 

§  5.  Upon  said  order  being  recorded  as  aforesaid, 
and  upon  the  payment  or  deposit  of  the  amount  of 
compensation  awarded  for  said  land,  all  the  right, 
title  and  interest  of  the  owner  and  owners  aforesaid, 
in  and  to  the  said  land,  shall  vest  in  the  school  dis- 
trict in  whose  behalf  the  proceedings  aforesaid  were 
instituted  ;  and  the  trustee  or  trustees  of  such  dis- 
trict shall  be  entitled  to  enter  upon,  take  possession 
of,  occupy  and  use  said  land  for  the  purpose  set  forth 
in  their  petition  aforesaid  ;  and  all  land  acquired  by 
any  school  district  pursuant  to  the  provisions  of 
this  act,  shall  be  deemed  to  be  taken  for  public 
use. 

Proceeds  §  ^*  '^ae  Procee(^s  °f  every  such  award  shall  be 
howdi-  '  divided  amongst  the  parties  whose  rights  and  inter- 
ests shall  have  been  sold,  in  proportion  to  their 
respective  rights  in  the  premises  ;  and  the  share  of 
such  of  the  parties  as  are  of  full  age  shall  be  paid 
to  them  or  their  legal  representatives  by  the  com- 
missioners, or  shall  be  brought  into  court  for  their 
use. 

§  7.  When  any  of  such  known  parties  are  infants, 
the, court  may,  in  its  discretion,  direct  the  share  of 
such  infants  to  be  paid  over  to  the  general  guardian 
on  proper  security  being  filed,  or  to  be  invested  in 
permanent  securities  at  interest,  in  the  name  and 
for  the  benefit  of  such  ipfants,  or  be  deposited  in 
some  trust  company  or  savings  bank  to  abide  the 
.further  order  of  the  court. 


APPENDIX.  99 

§  8.  When  any  of  the  parties  whose  interests  have  when  pro- 
been  sold  are  absent  from  the  state,  or  are  not  known 
or  named  in  the  proceedings,  the  court  shall  direct 
the  shares  of  such  parties  to  be  invested  in  perma- 
nent securities  at  interest  or  to  be  deposited  in  some 
trust  company  or  savings  bank  to  abide  the  further 
order  of  the  court,  for  the  benefit  of  such  parties, 
until  claimed  by  them  or  their  legal  representatives. 

§  9.  When  the  proceeds  of  a  sale  belonging  to 
any  tenant  in  dower,  or  by  the  courtesy,  or  for  life, 
shall  be  brought  into  court  as  hereinbefore  directed, 
the  court  shall  direct  the  same  to  be  invested  in 
permanent  securities  at  interest,  so  that  such  inter- 
est shall  annually  be  paid  to  the  parties  entitled  to 
such  estate  during  their  lives  respectively,  unless 
such  parties  shall  elect  to  accept  a  sum  in  gross  in 
lieu  thereof. 

§  10.  The  court  may,  in  its  discretion,  require  all 
or  any  of  the  parties,  before  they  shall  receive  any 
share  of  the  moneys  arising  from  such  sale,  to  give 
security  to  the  satisfaction  of  such  court  to  refund 
the  said  shares  with  interest  thereon,  in  case  it  shall 
thereafter  appear  that  such  party  was  not  entitled 
thereto. 

§  11.  The  amounts  of  all  commissioners'  fees,  and  Expenses  a 
of  all   expenses  incurred  by  or  in  behalf  of  any  d?stifct.°n 
school  district,    in  pursuance  of  the  provisions  of 
this  act,  shall  be  a  charge  upon  such  district,  and  be 
levied  and  collected  by  tax  in  the  same  manner  as 
other  district  taxes  are  levied  and  collected  therein. 

*  §  12.  This  act  shall  not  apply  to  cities  of  more  than  what 
thirty  thousand  inhabitants  ;  nor  shall  it  be  lawful  naotdbema 
under  this  act  to  acquire  title  to  less  than  the  whole  taken- 
of  any  city  or  village  lot,  with  the  erections  thereon, 
if  any,  nor  to  any  premises  occupied  as  a  homestead 
by  the  owner  or  owners  thereof,  without  the  consent 
of  such  owner  or  owners  ;  nor,  beyond  the  corporate 
limits  of  cities,  to  any  garden  or  orchard,  or  any  part 
thereof,  nor  to  any  part  of  any  yard  or  inclosure 
necessary  to  the  use  and  enjoyment  of  buildings,  or 
any  fixtures  or  erections  for  the  purposes  of  trade  or 

*  As  amended  by  sec.  1,  chap.  329,  Laws  of  1871. 


100  APPENDIX 

manufactures,  without  the  consent  of  the  owner  or 
owners  thereof. 

Boards  of  *  13.  Boards  of  education  in  cities  of  not  more 
whuecnato°be  ^an  thirty  thousand  inhabitants  are  hereby  clothed 
trustees,  with  all  the  powers  of  trustees  under  the  act  hereby 
amended,  and  the  title  to  any  and  all  lands  acquired 
in  any  city,  under  the  provisions  of  said  act,  shall 
vest  i'n  the  board  of  education  thereof,  or  such  other 
corporate  body  as  is  by  law  vested  with  the  title  to 
the  school  lands  in  such  city.  But  nothing  in  the 
act  hereby  amended  contained  shall  be  construed  to 
limit  or  circumscribe  the  powers  and  duties  hereto- 
fore lodged  in  such  boards  of  education  by  law. 

f  The  act  hereby  amended  shall  apply  to  union 
free  school  districts  and  to  districts  organized  under 
special  laws;  and  the  trustees  of  such  districts  or 
the  boards  of  education  organized  under  special  laws, 
shall  be  and  are  hereby  clothed  with  all  the  powers 
vested  in  trustees  under  said  act. 

f  Nothing  in  this  act  contained  shall  prejudice  or 
impair  any  right  acquired  or  proceeding  had  or  insti- 
tuted, under  or  by  virtue  of  the  act  hereby  amended. 

*  As  amended  by  sec.  2,  chap.  329,  Laws  of  1871. 

t  These  two  paragraphs  are  added  by  chap.  819,  Laws  of  1867. 


APPENDIX.  Id 


*  CHAP. 

AN  ACT  authorizing  the  taxation  of  stockholders  of 
Banks,  and  the  surplus  funds  of  Savings  Banks. 

TABBED  April  23, 1866. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows : 

SECTION  1.  No  tax  shall  hereafter  be  assessed  upon  stockhoid- 
the  capital  of  any  bank  or  banking  association  organ- 
ized  under  the  authority  of  this  state,  or  of  the  United 
States,  but  the  stockholders  in  such  banks  and  bank- 
ing  associations  shall  be  assessed  and  taxed  on  the 
value  of  their  shares  of  stock  therein ;  said  shares 
shall  be  included  in  the  valuation  of  the  personal 
property  of  such  stockholder,  in  the  assessment  of 
taxes  at  the  place,  town  or  ward  where  such  bank  or 
banking  association  is  located,  and  not  elsewhere, 
whether  the  said  stockholder  reside  in  said  place, 
town  or  ward  or  not,  but  not  at  a  greater  rate  than  is 
assessed  upon  other  moneyed  capital  in  the  hands  Real  estate 
of  individuals  in  this  state.  And  in  making  such  bebtaxel.to 
assessment  there  shall  also  be  deducted  from  the 
value  of  such  shares  such  sum  as  is  in  the  same  pro- 
portion to  such  value  as  is  the  assessed  value  of  the 
real  estate  of  the  bank  or  banking  association,  and 
in  which  any  portion  of  their  capital  is  invested,  in 
which  said  shares  are  held,  to  the  whole  amount  of 
the  capital  stock  of  said  bank  or  banking  association. 
And  provided,  further,  that  nothing  herein  contained 
shall  be  held  or  construed  to  exempt  from  taxation 
the  real  estate  held  or  owned  by  any  such  bank  or 

*NOTE.  Section  7  of  this  act  repealed  by  sec.  56,  chap.  371,  Laws  of  1875. 


102  APPENDIX. 

banking  association  ;  but  the  same  shall  be  subject 
to  state,  county,  municipal  and  other  taxation  to  the 
same  extent  and  rate  and  in  the  same  manner  as 
other  real  estate  is  taxed. 

individual  §  2.  Every  individual  banker  doing  banking  busi- 
deolar?  to  ness  under  the  laws  of  this  state,  is  hereby  required 
capkSand  *°  declare  upon  oath  before  the  assessor  the  amount 
shares  of  of  capital  invested  in  such  banking  business,  and 
each  one  hundred  dollars  of  such  capital  for  the  pur- 
pose of  this  act,  and  for  the  purpose  of  taxation  shall 
be  held  and  regarded  as  one  individual  share  in  such 
banking  business, and  such  shares  are  hereby  declared 
to  be  personal  property.  If  such  banker  have  part- 
ners he  shall  declare  upon  oath  before  the  assessor 
the  number  of  shares  held  by  each  of  them  in  such 
banking  business,  ascertained  as  above  provided,  and 
the  shares  so  held  by  any  partner  shall  be  included 
in  the  valuation  of  his  taxable  property  in  the  assess- 
ment of  all  taxes  levied  in  the  town,  school  district 
or  ward  where  such  individual  banker  is  located, 
and  not  elsewhere;  and  such  individual  banker  shall 
pay  the  same  and  make  the  amount  so  paid  a  charge 
in  the  accounts  with  such  partners  ;  and  if  such 
individual  banker  have  no  partners  he  shall  be  held 
to  be  sole  owner  of  all  the  snares  in  such  business  of 
banking,  and  the  same  shall  be  included  in  the  valu- 
ation of  his  personal  property  in  the  assessment  of 
all  taxes  levied  in  the  town,  school  district  or  ward 
where  his  bank  is  located,  and  not  elsewhere. 

§  3.  There  shall  be  kept  at  all  times  in  the  office 
where  the  business  of  such  bank  or  banking  asso- 
ciation, organized  under  the  authority  of  this  state 
or  of  the  United  States,  shall  be  transacted,  a  full 
and  correct  list  of  the  names  and  residences  of  all 
the  stockholders  therein,  and  of  the  number  of  shares 
held  by  each  ;  and  such  list  shall  be  subject  to  the 
inspection  of  the  officers  authorized  to  assess  taxes 
during  the  business  hours  of  each  day  in  which 
business  may  be  legally  transacted. 

§  4.  Sections  ten  and  eleven  of  chapter  ninety- 
seven  of  the  session  laws  of  eighteen  hundred  and 
sixty-five  are  hereby  repealed. 


APPENDIX.  103 


§  5.  When  the  owner  of  stock  in  any  bank   or 
banking  association,  organized   under  the  laws  of  , 

this  state  or  of  the  United  States,  shall  not  reside  tax  how' 
in  the  same  place  where  the  bank  or  banking  asso-  c< 
ciation  is  located,  the  collector  and  county  treasurer 
shall,  respectively,  have  the  same  powers  as  to  col- 
lecting the  tax  to  be  assessed  by  this  act,  as  they 
have  by  statute,  when  the  person  assessed  has 
removed  from  the  town,  ward  or  county  in  which  the 
assessment  was  made  ;  and  the  county  treasurer, 
receiver  of  taxes,  or  other  officers  authorized  to  re- 
ceive said  tax  from  the  collector,  may  all  or  either 
of  them  have  an  action  to  collect  the  tax  from  the 
avails  of  the  sale  of  his  shares  of  stock,  and  the  tax 
on  the  share  or  shares  of  said  stock  shall  be  and 
remain  a  lien  thereon  till  the  payment  of  said  tax. 

§  6.  For  the  purpose  of  collecting  such  taxes,  and  Bank  offi- 
in  addition  to  any  other  laws  of  this  state,  not  in 
conflict  with  the  constitution  of  the  United  States,  dend- 
relative  to  the  imposition  of  taxes,  it  shall  be  the 
duty  of  every  such  bank  or  banking  association,  and 
the  managing  officer  or  officers  thereof,  to  retain  so 
much  of  any  dividend  or  dividends  belonging  to 
such  stockholders  as  shall  be  necessary  to  pay  any 
taxes  assessed  in  pursuance^  of  this  act,  until  it  shall 
be  made  to  appear  to  such  officers  that  such  taxes 
have  been  paid. 


104  APPENDIX. 


CHAP.  694. 

AN  ACT  in  relation  to  the  valuation  of  the  prop- 
erty of  railroad  companies  in  school  districts,  for 
the  purpose  of  taxation. 

PASSED  April  23,  1867  ;  three-fifths  being  present, 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows : 

Town  as-        SECTION  1.  It  shall  be  the  duty  of  the  town  assess- 
sessorsto   Ors,  within  fifteen  days  after  the  completion  of  their 

apportion  ,   , . «/.  ,.         f,  -,        ,.  ,, 

raiiroadas-  annual  assessment  list,  to  apportion  the  valuation  of 
sessments.  ^Q  property  of  each  and  every  railroad  company  as 
appears  on  such  assessment  list  among  the  several 
school  districts  in  their  town,  in  which  any  portion 
of  said  property  is  situated,  giving  to  each  of  said 
districts  their  proper  portion,  according  to  the  pro- 
portion that  the  value  of  said  property  in  each  of 
such  districts  bears  to  the  value  of  the  whole  thereof 
in  said  town. 

Must  be  in  §2.  Such  apportionment  shall  be  in  writing,  and 
and^fifed  s^a^  De  signe(l  by  said  assessors,  or  a  majority  of 
wnuh  t0ewn  them,  and  shall  set  forth  the  number  of  each  district 
and  the  amount  of  the  valuation  of  the  property  of 
each  railroad  company,  apportioned  to  each  of  said 
districts ;  and  such  apportionment  shall  be  filed 
with  the  town  clerk,  by  said  assessors  or  one  of 
them,  within  five  days  after  being  made  ;  and  the 
amount  so  apportioned  to  each  district  shall  be  the 
valuation  of  the  property  of  each  of  said  companies, 
on  which  all  taxes  against  said  companies  in  and 
for  said  districts,  shall  be  levied  and  assessed 
until  the  next  annual  assessment  and  apportion- 
ment. 


APPENDIX.  105 

§  3.  In  case  the  assessors  shall  neglect  to  make  supervisor 
such  apportionment,  it  shall  be  the  duty  of  the  super-  tk^tP0' 
visor  of  the  town,  on  the  application  of  the  trustees 
or  board  of  education  of  any  district,  or  of  any  rail- 
road company,  to  make  such  apportionment,  in  the 
same  manner  and  with  the  like  effect  as  if  made  by 
said  assessors. 

§  4.  The  town  clerk  shall,   whenever  requested,  Town 
furnish  to  the  trustees  or  board  of  education  of  each  ceertify0to 
district,  a  certified  statement  of  the  amounts  appor-  trustees- 
tioned  to  such  district,  and  the  name  of  the  company 
to  which  the  same  relates. 

§  5.  In  case  any  alteration  shall  be  made  in  any 
school  district,  affecting  the  property  of  any  railroad 
company,  the  officer  making  such  alteration  shall, 
at  the  same  time,  determine  what  change  in  the  valu- 
ation of  the  said  property  in  such  district  would  be 
just,  on  account  of  the  alteration  of  district,  and 
the  valuation  shall  be  accordingly  changed. 

§  6.  This  act  shall  take  effect  immediately. 
14 


106  APPENDIX. 


CHAP.  654. 

AN  ACT  to  amend  chapter  five  hundred  and  eighty- 
five  of  the  Laws  of  eighteen  hundred  and  sixty- 
five,  entitled  "  An  act  to  establish  Cornell  Univer- 
sity, and  to  appropriate  to  it  the  income  of  the 
sale  of  public  lands  granted  to  this  state  by  con- 

fress,  on  the  second  day  of  July,  eighteen  hun- 
red  and  sixty- two,  also  to  restrict  the  operation 
of  chapter  five  hundred  and  eleven  of  the  Laws  of 
eighteen  hundred  and  sixty-three." 

PASSED  May  13, 1872. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

SECTION  1.  Section  nine  of  chapter  five  hundred 
aiid  eighty-five  of  the  Laws  of  eighteen  hundred  and 
sixty-five  is  hereby  amended  so  as  to  read  as  follows  : 
TO  be  open      §9.  The  several  departments  of  study  in  the  said 
«anSpli~     university  shall  be  open  to  applicants  for  admission 
thereto  at  the  lowest  rates  of  expense  consistent  with 
its  welfare  and  efficiency,  and  without  distinction  as 
TO  receive  to  rank,  class,  previous'occupation  or  locality.     But, 
dentstfrom  with  a  view  to  equalize  its  advantages  to  all  parts  of 
assembi      ^le  s^a^6'  ^ne  institution  shall  annually  receive  stu- 
d!strTct.y    dents,  one  from  each  assembly  district  in  the  state, 
to  be  selected  as  hereinafter  provided,  and  shall  give 
them  instruction  in  any  or  in  all   the    prescribed 
branches  of  study  in  any  department  of  said  institu- 
tion, free  of  any   tuition  fee  or  of  any  incidental 
charges  to  be  paid  to  said  university,  unless   such 
incidental  charges  shall  have  been  made  to  compen- 
sate for  damages  needlessly  or  purposely  done  by 
the  students  to  the  property  of  said  university.   The 
said  free  instruction  shall,  moreover,  be  accorded  to 


APPENDIX.  1Q7 

said  students  in  consideration  of  their  superior  abil- 
ity, and  as  a  reward  for  superior  scholarship  in  the 
academies  and  public  schools  of  this   state.     Said  HOW 
students  shall  be   selected  as  the   legislature  may,  8elected- 
from  time  to  time,  direct,  and  until  otherwise  ordered, 
as  follows  :  The  school  commissioner  or  commission- 
ers of  each  county,  and  the  board  of  education  of 
each  city,  or  those  performing  the  duties  of  such  a 
board,  shall  select  annually  the  best  scholar  from 
each  academy  and  each  public  school  of  their  re- 
spective counties  or  cities  as  candidates  for  the  uni- 
versity scholarship.     But  in  no  case  shall  any  per- 
son having  already  entered  the  said  university  be 
admitted  as  one  of  such  candidates.     The  candidates  candidates 
thus  selected  in  each  county  or  city  shall  meet  at  amined" 
such  place  and  time  in  the  year  as  the  school  com-  b"dtthe 
missioner  or  commissioners  of  the  county  and  the  selected, 
said  boards  of  education  of  the  cities,  in  those  coun- 
ties  which   contain  cities,  shall  appoint ;  and  the 
school  commissioner  or  commissioners,  and  the  said 
board  of  education,  or  such  of  them  as  shall  attend 
and  act,  shall  proceed  to  examine  said  candidates 
and  determine  which  of  them  are  the  best  scholars  ; 
and  they  shall  then  select  therefrom  to  the  number 
of  one  for  each  assembly  district  in  said  county  or 
city,  and  furnish  the  candidate  thus  selected  with 
a  certificate  of  such  selection;  which  certificate  shall 
entitle  said  student  to  admission  to  said  university, 
subject  to  the  examination  and  approval  of  the 
faculty  of  said  university.     In  making  these  selec-  preference 
tions,  preference  shall  be  given  (where  other  qualifi-  tosonsofn 
cations  are  equal)  to  the  sons  of  those  who  have  died  8oldiers. 
in  the  military  or  naval  service  of  the  United  States  ; 
consideration  shall  be  had  also  to  the  physical  abil-  ^£«y  °ne 
ity  of  the  candidate.   Whenever  any  student  selected  heasebeeen 
as  above  described  shall  have  been  from  any  cause  removed- 
removed  from  the  university  before  the  expiration  of 
the  time  for  which  he  was  selected,  then  one  of  the 
competitors  to  his  place  in  the  university  from  his 
district  may  be  elected  to  succeed  him  therein,  as 
the   school   commissioner  or  commissioners  of  the 
county  of  his  residence,  or  the  board  of  education  of 
the  city  of  his  residence,  may  direct." 


108  APPENDIX. 


CHAP. 

AN  ACT  to  amend  an  act  entitled  "  An  act  to  amend 
an  act  entitled  '  An  act  to  designate  the  holidays 
to  be  observed  in  the.  acceptance  and  payment  of 
bills  of  exchange  and  promissory  notes,'  "  passed 
April  twenty- third,  eighteen  hundred  and  sev- 
enty. 

PASSED  May  22, 1873. 

The  People  of  the  State  of  New  TorJc^  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

SECTION  1.  Section  one  of  an  act  entitled  "  An  act 
to  amend  an  act  entitled  '  An  act  to  designate  the 
holidays  to  be  observed  in  the  acceptance  and  pay- 
ment of  bills  of  exchange  and  promissory  notes," 
passed  April  twenty-third,  eighteen  hundred  and 
seventy,  is  hereby  amended  so  as  to  read  as  fol- 
lows : 

Holidays.  §  1.  The  following  days,  namely  :  The  first  day  of 
January,  commonly  called  new  year's  day,  the 
twenty-second  day  of  February,  the  fourth  day  of 
July,  the  twenty-fifth  day  of  December,  any  general 
election  day,  any  day  appointed  or  recommended 
by  the  governor  of  this  state  ,  or  the  president  of  the 
United  States,  as  a  day  of  thanksgiving,  or  as  a  day 
of  fasting  or  prayer,  or  other  religious  observance, 
the  thirtieth  day  of  May,  to  be  known  as  decoration 
day,  shall,  for  all  purposes  whatsoever,  as  regards 
the  presenting  for  payment  or  acceptance,  and  of 
the  protesting  and  giving  notice  of  the  dishonor  of 
bills  of  exchange,  bank  checks  and  promissory 
notes,  made  after  the  passage  of  this  act,  be  treated 
and  considered  as  the  first  day  of  the  week,  commonly 
called  Sunday,  and  as  public  holidays. 


APPENDIX.  109 

§  2.  Whenever  any  of  the  holidays  mentioned  in  Days  to  be 
the  first  section  of  this  act  shall  fall  hereafter  upon  X 
Sunday,  the  Mondav  next  following  shall  be  deemed  Jjj 
and  considered  as  the  first  day  of  the  week  or  Sun-  faifon 
day,  and  a  public  holiday  for  all  or  any  of  the  pur-  Sunday- 
poses  aforesaid  ;  and  all  bills  of  exchange,  checks 
and  promissory  notes  which  shall,  with  or  without 
grace,  become  due  and  payable  on  Sunday,  or  on 
any  of  the  days  mentioned  in  the  preceding  section, 
or  on  any  Monday  kept  as  aforesaid  as  a  public  hol- 
iday, shall  be  deemed  to  be  due  and  payable  on  the 
b  usiness  day  next  succeeding  the  day  of  their  ma- 
turity. 

§  3.  All  acts  or  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed,  but  such  repeal  shall  not 
affect  any  act  done,  or  proceeding  or  suit  instituted 
prior  to  the  passage  of  this  act. 

§  4.  This  act  shall  take  effect  immediately. 


110 


APPENDIX. 


Children 
to  be  in- 
structed at 
school  or 
at  home 
for  at  least 
14  weeks  in 
each  year. 


Employ- 
ment of 
children 
under  14 
years  pro- 
hibited. 


CHAP.  421. 

AN  ACT  to  secure  to  children  the  benefits  of  ele- 
mentary education. 

PASSED  May  11, 1874  ;  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly r,  do  enact  as  follows : 

SECTION  1.  All  parents  and  those  who  have  the 
care  of  children  shall  instruct  them,  or  cause  them  to 
be  instructed,  in  spelling,  reading,  writing,  English 
grammar,  geography  and  arithmetic.  And  every 
parent,  guardian  or  other  person  having  control  and 
charge  of  any  child  between  the  ages  of  eight  and 
fourteen  years  shall  cause  such  child  to  attend  some 
public  or  private  day  school  at  least  fourteen  weeks 
in  each  year,  eight  weeks  at  least  of  which  attend- 
ance shall  be  consecutive,  or  to  be  instructed  regu- 
larly at  home  at  least  fourteen  weeks  in  each  year 
in  spelling,  reading,  writing,  English  grammar,  geog- 
raphy and  arithmetic,  unless  the  physical  or  mental 
condition  of  the  child  is  such  as  to  render  such 
attendance  or  instruction  inexpedient  or  impracti- 
cable. 

*§  2.  No  child  under  the  age  of  fourteen  years  shall 
be  employed  by  any  person  to  labor  in  any  business 
whatever  during  the  school  hours  of  any  school  day 
of  the  school  term  of  the  public  school  in  the  school 
district  or  the  city  where  such  child  is,  unless  such 
child  shall  have  attended  some  public  or  private  day 
school  where  instruction  was  given  by  a  teacher 
qualified  to  instruct  in  spelling,  reading,  writ- 
ing, geography,  English  grammar  and  arithmetic, 


*  As  amended  by  sec.  1,  chap.  372,  Laws  of  1876. 


APPENDIX.  Ill 

or  shall  have  been  regulary  instructed  at  home  in 
said  branches  by  some  person  qualified  to  instruct 
in  the  same,  at  least  fourteen  weeks  of  the  fifty-two 
weeks  next  preceding  any  and  every  year  in  which 
such  child  shall  be  employed,  and  shall,  at  the  time 
of  such  employment,  deliver  to  the  employer  a  cer- 
tificate in  writing  signed  by  the  teacher  or  a  school 
trustee  of  the  district  or  of  a  school,  and  counter- 
signed by  such  officer  as  the  board  of  education  or 
public  instruction,  by  whatever  name  it  may  be 
known  in  any  city,  incorporated  village  or  town, 
shall  designate,  certifying  to  such  attendance  or 
instruction  ;  and  any  person  who  shall  employ  any 
child  contrary  to  the  provisions  of  this  section  shall,  Penalty. 
for  each  offense,  forfeit  and  pay  a  penalty  of  fifty 
dollars  to  the  treasurer  or  chief  fiscal  officer  of  the 
city,  or  supervisor  of  the  town,  in  which  such  offense 
shall  occur  ;  the  said  sum  or  penalty,  when  so  paid, 
to  be  added  to  the  public  school  money  of  the  school 
district  in  which  the  offense  occurred. 

*§  3.  It  shall  be  the  duty  of  the  trustee  or  trustees  Trustees  of 
of  every  school  district,  or  public  school,  or  union  Ertctato  *" 
school,  or  of  officers  appointed  for  that  purpose  by 


the  board  of  education   or  public  instruction,   by  p°rt  vi.°la- 

.  ,  ,       ,  .  <,    tions  of 

whatever  name  it  may  be  known,  in  every  town  and  act 
city,  in  the  month  of  September  arid  of  February  of 
*each  year,  and  at  such  other  times  as  may  be  deemed 
necessary,  to  examine  into  the  situation  of  the 
children  employed  in  all  manufacturing  and  other 
establishments  in  such  school  district  where  children 
are  employed;  and  in  case  any  town  or  city  is  not 
divided  into  school  districts,  it  shall,  for  the  pur- 
poses of  the  examination  provided  for  in  this  section, 
be  divided  by  the  school  authorities  thereof  into 
districts,  and  the  said  trustees  or  other  officers  as 
aforesaid  notified  of  their  respective  districts  on  or 
before  the  first  day  of  January  of  each  year  ;  and 
the  said  trustee  or  trustees,  or  other  officers  as  afore- 
said, shall  ascertain  whether  all  the  provisions  of 
this  act  are  duly  observed,  and  report  all  violations 
thereof  to  the  treasurer  or  chief  fiscal  officer  of  said 

*  As  amended  by  sec.  2,  chap.  372,  Laws  of  1876. 


112 


APPENDIX. 


List  of 

children 

employed. 


Children 
tempo- 
rarily dis- 
charged 
from  em- 
ployment 
to  attend 
school. 


Trustees  to 

enforce 

act. 


Penalties 
for  viola- 
tions. 


city,  or  supervisor  of  said  town.  On  such  examina- 
tion the  proprietor,  superintendent  or  manager  of 
said  establishment  shall,  on  demand,  exhibit  to  said 
examining  trustee,  or  other  officer  as  aforesaid,  a 
correct  list  of  all  children  between  the  ages  of  eight 
and  fourteen  years  employed  in  said  establishment, 
with  the  said  certificates  of  attendance  on  school  or 
of  instruction. 

§  4.  Every  parent,  guardian  or  other  person  having 
control  and  charge  of  any  child  between  the  ages  of 
eight  and  fourteen  years,  who  has  been  temporarily 
discharged  from  employment  in  any  business,  in 
order  to  be  afforded  an  opportunity  to  receive  instruc- 
tion or  schooling,  shall  send  such  child  to  some  pub- 
lic or  private  school,  or  shall  cause  such  child  to  be 
regularly  instructed  as  aforesaid  at  home  for  the 
period  for  which  such  child  may  have  been  so  dis- 
charged, to  the  extent  of  at  least  fourteen  weeks  in 
all  in  each  year,  unless  the  physical  or  mental  con- 
dition of  the  child  is  such  as  to  render  such  an  at- 
tendance or  instruction  inexpedient  or  impracti- 
cable. 

*  §  5.  The  trustee  or  trustees  of  any  school  district 
or  public  school,  or  the  president  of  any  union 
school,  or  such  officer  as  the  board  of  education  of 
said  city,  incorporated  village  or  town  may  desig-f 
nate,  is  hereby  authorized  and  empowered  to  see* 
that  sections  one,  two,  three,  four  and  five  of  this  act 
are  enforced,  and  to  report  in  writing  all  violations 
thereof  to  the  treasurer  or  chief  fiscal  officer  of  his 
city,  or  to  the  supervisor  of  his  town  ;  any  person 
who  shall  violate  any  provision  of  sections  one,  three 
and  four  of  this  act  shall,  on  written  notice  of  such 
violation  from  one  of  the  school  officers  above  named, 
forfeit,  for  the  first  offense,  and  pay  to  the  treasurer 
or  chief  fiscal  officer  of  the  city,  or  to  the  supervisor 
of  the  town  in  which  he  resides,  or  such  offense  has 
occurred,  the  sum  of  one  dollar,  and,  after  such  first 
offense,  shall,  for  each  succeeding  offense  in  the  same 
year,  forfeit  and  pay  to  the  treasurer  of  said  city  or 
supervisor  of  said  town,  the  sum  of  five  dollars  for 


*  As  amended  by  sec.  3,  chap.  372,  Laws  of  1876. 


APPENDIX.  113 

each  and  every  week,  not  exceeding  thirteen  weeks 
in  any  one  year,  during  which  he,  after  written 
notice  from  said  school  officer,  shall  have  failed  to 
comply  with  any  of  said  provisions  ;  the  said  penal-  Their  ap- 
ties,  when  paid,  to  be  added  to  the   public  school  plication- 
money  of  said  school  district  in  whicn  the  offense 
occurred. 

§  6.  In  every  case  arising  under  this  act  where  the  Text- 
parent,  guardian  or  other  person  having  the  control 
of  any  child  between  the  said  ages  of  eight  and  fif-  dren- 
teen*  years,  is  unable  to  provide  such  child  for  said 
fourteen  weeks  with  the  text-book  required  to  be 
furnished  to  enable  such  child  to  attend  school  for 
said  period,  and  shall  so  state  in  writing  to  the  said 
trustee,  the  said  trustee  shall  provide  said  text-books 
for  said  fourteen  weeks  at  the  public  school  for  the 
use  of  such  child,  and  the  expense  of  the  same  shall 
be  paid  by  the  treasurer  of  said  city  or  the  super- 
visor of  said  town  on  the  certificate  of  the  said  trus- 
tee, specifying  the  items  furnished  for  the  use  of 
such  child. 

t  §  7.  In  case  any  person  having  the  control  of  any  Truant 
child,  between  the  ages  of  eight  and  fourteen  years,  children- 
is  unable  to  induce  said  child  to  attend  school  for 
the  said  fourteen  weeks  in  each  year,  and  shall  so 
state  in  writing  to  said  trustee,  or  said  other  officers 
appointed  by  the  board  of  education  or  public  in- 
struction by  whatever  name  it  may  be  known,  the 
said  child  shall,  from  and  after  the  date  and  deliv- 
ery to  said  trustee,  or  other  officer  as  aforesaid,  of 
said  statement  in  writing,  be  deemed  and  dealt  with 
as  an  habitual  truant,  and  said  person  shall  be  re- 
lieved of  all  penalties  incurred  for  said  year  after 
said  date,  under  sections  one,  four  and  five  of  this 
act,  as  to  such  child. 

J§  8.  The  board  of  education  or  public  instruction,  Rules  con- 
by  whatever  name  it  may  be  called,  in  such  city  and 
incorporated  village,  and  the  trustees  of  the  school 
districts  and  union  school  in  each  town,   by  an 

*  So  in  the  original. 

t  As  amended  by  sec.  4,  chap.  372,  Laws  of  1876. 

%  As  amended  by  sec.  5,  chap.  372,  Laws  of  1876. 

15 


114  APPENDIX. 

affirmative  vote  of  a  majority  of  said  trustees,  at  a 
meeting  or  meetings  to  be  called  for  this  purpose, 
on  ten  days'  notice  in  writing  to  each  trustee,  said 
notice  to  be  given  by  the  town  clerk,  are  for  each 
of  their  respective  cities  and  towns  hereby  authorized 
and  empowered  and  directed,  on  or  before  the  first 
day  of  January,  eighteen  hundred  and  seventy-seven, 
to  make  all  needful  provisions,  arrangements,  rules, 
and  regulations,  concerning  habitual  truants  and 
children  between  said  ages  of  eight  and  fourteen 
years  of  age,  who  may  be  found  wandering  about 
the  streets  or  public  places  of  such  city  or  town 
during  the  school  hours  of  the  school  day  of  the 
term  of  the  public  school  of  said  city  or  town,  having 
no  lawful  occupation  or  business,  and  growing  up 
in  ignorance ;  and  said  provisions,  arrangements, 
rules,  and  regulations  shall  be  such  as  shall,  in  their 
judgment,  be  most  conducive  to  the  welfare  of  such 
children,  and  to  the  good  order  of  such  city  or  town ; 
'  and  shall  provide  suitable  places  for  the  discipline 
and  instruction  and  confinement,  when  necessary,  of 
such  children,  and  may  require  the  aid  of  the  police 
of  cities,  or  incorporated  villages,  and  constables  of 
towns,  to  enforce  their  said  rules  and  regulations, 
provided,  however,  that  such  provisions,  arrange- 
ments, rules  and  regulations  shall  not  go  into  effect, 
as  laws  for  said  several  cities  and  towns,  until  they 
Approval  shall  have  been  approved,  in  writing,  by  a  justice  of 
Justice  of  the  supreme  court  for  the  judicial  district  in  which 
supreme  said  city,  incorporated  village  or  town  is  situated  ; 
and,  when  so  approved,  he  shall  file  the  same  with 
the  clerk  of  the  said  city,  incorporated  village  or 
town,  who  shall  print  the  same,  and  furnish  ten 
copies  thereof  to  each  trustee  of  each  school  district, 
copy  on  or  public  or  union  school  of  said  city,  incorporated 
school-  village  or  town.  The  said  trustee  shall  keep  one 
copy  thereof  posted  in  a  conspicuous  place  in  or 
upon  each  school-house  in  his  charge  during  the 
school  terms  each  year.  In  like  manner  the  same  in 
Amend-  eacn  °ity,  incorporated  village  or  town  may  be 
ments.  amended  or  revised,  within  six  months  after  the 
passage  of  this  act,  and  thereafter  annually  as  the 
trustee  or  trustees  of  any  school  district  or  public 


APPENDIX.  115 

school,  or  the  president  of  any  union  school,  or 
the  board  of  education  or  public  instruction,  or 
by  whatever  name  it  may  be  known,  in  any  city, 
incorporated  village  or  town,  may  determine. 

§  9.  Justices  of  the  peace,  civil  justices  and  police  Ju»tie*6  to 
justices  shall  have  jurisdiction,  within  their  respect-  " 

ive  towns  and  cities,  of  all  offenses  and  of  all  actions 
for  penalties  or  fines  described  in  this  act,  or  that 
may  be  described  in  said  provisions,  arrangements, 
rules  and  regulations  authorized  by  section  eight  of 
this  act.  All  actions  for  fines  and  penalties  under  Actions 
this  act  shall  be  brought  in  the  name  of  the  treasurer 
or  chief  fiscal  officer  of  the  city  or  supervisor  of  the 
town  to  whom  the  same  is  payable,  but  shall  be 
brought  by  and  under  the  direction  of  the  said  trus- 
tee or  trustees,  or  said  officer  designated  by  the 
board  of  education. 

§  10.  Two  weeks  attendance  at  a  half-time  or  eve- 
ning  school  shall,   for  all  purposes  of  this  act,  be  schoolfi- 
counted  as  one  week  at  a  day  school. 

§  11.  This  act  shall  take  effect  on  the  first  day  of 
January,  eighteen  hundred  and  seventy-five. 


for  fines, 
etc. 


POWER  OF  UNION  FREE  SCHOOL  DISTRICTS  TO  SELL 
OR  EXCHANGE  REAL  ESTATE  ;  ALSO  CONCERNING 
REDUCTION  OF  NUMBER  OF  MEMBERS  OF  BOARDS 
OF  EDUCATION. 

The  following  powers  were  conferred  upon  boards 
of  supervisors  by  subdivision  28,  section  1,  chap. 
482,  Laws  of  1875. 

"  To  authorize  boards  of  trustees  or  of  education  in 
any  union  free  school  district  established  in  con- 
formity to  the  general  or  to  any  special  law  of  this 
state  on  the  application  of  a  majority  of  the  taxable 
inhabitants  of  the  district,  voting  on  the  question  at 
a  duly  called  meeting,  to  sell  or  exchange  real  estate 
belonging  to  the  district,  for  the  purpose  of  improv- 
ing or  changing  school-house  sites,  and  to  increase 
or  diminish  the  number  of  members  of  such  boards." 


116  APPENDIX. 


CHAP.  219 

AN  ACT  for  the  relief  of  school  districts  wishing  to 
contract  with  boards  of  education  of  cities,  to  edu- 
cate their  children  in  city  schools. 

PASSED  May  3,  1877. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Teaching  SECTION  1.  Whenever  any  school  district  adjoin- 
sShoSsof  ing  a  cit7>  by  a  vote  of  'a  majority  of  the  qualified 
beion'lno  voters  °^ sucn  district,  shall  empower  the  trustees 
:  thereof,  the  said  trustees  shall  enter  into  a  written 
contract  with  the  board  of  education  of  such  city, 
whereby  all  the  children  of  such  district  may  be  en- 
titled to  be  taught  in  the  public  schools  of  such  city, 
for  a  period  of  not  less  than  twenty -eight  weeks  in 
any  school  year,  upon  filing  a  copy  of  such  contract 
duly  certified  by  the  trustees  of  such  school  district 
and  by  the  secretary  of  the  board  of  education  of 
said  city,  in  the  office  of  the  superintendent  of  public 
instruction,  such  school  district  shall  be  deemed  to 
have  employed  a  competent  teacher  for  such  period, 
and  shall  be  entitled  to  receive  one  distribution 
district  quota  each  year  during  which  such  contract 
shall  be  renewed  and  continued. 

ctty board      §  2.  The  board  of  education  of  any  city  so  con- 

tfondtocre-  tracting  with  any   school  district  shall  report  the 

Eero?u£~  number  of  persons  of  school  age  in  such  district, 

latent?!1"  together  with  those  resident  in  the  city,  the  same  as 

though  they  were  actual  residents  of  the  city,  and 

shall  report  for  the  pupils  attending  the  city  schools 

from  such  district  to  the  superintendent  of  public 

instruction  the  same  as  though  they  were  residents 

of  such  city. 


APPENDIX.  117 

§  3.  It  shall  be  the  duty  of  the  superintendent  of  Duties  of 
public  instruction  to  give  to  school  commissioners  SSSent  of 
such  directions  as  may,  in  his  judgment,  be  required 
and  proper,  in  relation  to  the  reports  to  be  made  by 
the  trustees  of  such  districts  to  school  commission- 
ers. 

§  4.  This  act  shall  take  effect  immediately. 


APPENDIX. 


CHAP.  413. 

AN  ACT  to  prevent  frequent  changes  of  text-books 
in  schools. 

PASSED  June  5,  1877  ;  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

T  SECTION  1.  The  boards  of  education  or  such  bodies 

hooks,  aes-  as    erform  the  functions  of  such  boards  in  the  sev- 


eral  cities  and  villages  of  this  state,  shall  have  power, 
and  it  shall  be  their  duty  to  adopt  and  designate 
text-books  to  be  used  in  the  schools  under  their 
charge  in  their  respective  districts.  In  the  other 
school  districts  in  the  state  the  text-books  to  be 
used  in  the  schools  therein  shall  be  designated  at 
the  first  annual  school  meeting  held  after  the  passage 
of  this  act,  by  a  two-thirds  vote  of  all  the  legal 
voters  present  and  voting  at  such  school  meeting. 

when  §  ^'  When  a  text-book  shall  have  been  adopted 

for  use  in  any  of  the  public  or  common  schools 
in  this  state,  as  provided  in  the  first  section  of  this 
a°t>  it  shall  not  be  lawful  to  supersede  the  text-book 

a™  years,  go  adopted  by  any  other  book  within  a  period  of 
five  years  from  the  time  of  such  adoption,  except 
upon  a  three-fourths  vote  of  the  board  of  education, 
or  of  such  body  as  perform  the  functions  of  such 
board,  where  such  board  has  made  the  designation, 
or  upon  a  three-fourths  vote  of  the  legal  voters  pres- 
ent and  voting  at  the  annual  school  meeting  in  any 
other  school  district. 

Feflaityfor      §  3-  Any  person  or  persons  violating  any  of  the 

af0lact°n  Provisi°ns  of  this  act  shall  be  liable  to  a  penalty  of 
not  less  than  fifty  dollars  nor  more  than  one  hun- 


APPENDIX.  119 

dred  dollars  for  every  such,  violation,  to  be  sued  for  by , 
any  tax  payer  of  the  school  district,  and  recovered 
before  any  justice  of  the  peace,  said  fine,  when  col- 
lected, to  be  paid  to  the  collector  or  treasurer  for 
the  benefit  of  said  school  district. 
§  4.  This  act  shall  take  effect  immediately. 


120  APPENDIX. 


CHAP.  248. 

ACT  in  relation  to  the  election  of  officers  in  cer- 
tain school  districts. 

PASSED  May  13,  1878  ;  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  asfolloios  : 

SECTION  1.  In  all  school  districts  in  this  state  in 
which  the  number  of  children  of  school  age  exceeds 
three  hundred,  as  shown  by  the  last  annual  report 
of  the  trustees  to  the  school  commissioner,  all  dis- 
trict officers,  except  the  treasurer  and  collector  of 
union  free  school  districts,  shall  be  elected  by  bal- 
lot. 

§  2.  Such  election  shall  be  held  on  the  seconcl 
Wednesday  of  October  in  each  year,  between  the 
hours  often  o'clock  in  the  forenoon  and  two  o'  clock  in 
the  afternoon  at  the  principal  school-house  in  the  dis- 
trict or  at  such  other  suitable  place  as  the  trustees  may 
designate.  When  the  place  of  holding  such  election 
is  other  than  at  the  principal  school-house,  the  trus- 
tees shall  give  notice  thereof,  by  publication  of  such 
notice  at  least  one  week  before  the  time  of  holding 
such  election,  in  some  newspaper  published  in  the 
district,  or  by  posting  the  same  in  three  conspicuous 
places  in  the  district. 

§  3.  The  trustees  or  board  of  education,  or  such  of 
them  as  may  be  present,  shall  act  as  inspectors  of 
election,  and  immediately  after  the  close  of  the  polls 
shall  proceed  to  canvass  the  votes  and  declare  the 
result.  If  any  such  district  shall  have  but  one  trus- 
tee, the  district  clerk  shall  be  associated  with  him 
as  inspector.  If  a  majority  of  the  trustees  shall  not 
be  present  at  the  time  for  opening  the  polls,  those 


APPENDIX.  121 

in  attendance  may  appoint  any  of  the  legal  voters  of 
the  district  present,  to  act  as  inspectors  in  place  of 
the  absent  trustees.  If  none  of  the  trustees  shall  be 
present  at  the  time  for  opening  the  polls,  the  legal 
voters  may  choose  three  of  their  number  to  act  as 
inspectors. 

§  4.  The  trustees  shall,  at  the  expense  of  the  dis- 
trict, provide  a  suitable  box  in  which  the  ballots 
shall  be  deposited  as  they  are  received.  Such  bal- 
lots shall  contain  the  names  of  the  persons  voted 
for,  and  shall  designate  the  office  for  which  each  one 
is  voted.  The  ballots  may  be  either  written  or 
printed,  or  partly  written  and  partly  printed. 

§  5.  The  district  clerk,  or  clerk  of  the  board  of  edu- 
cation, as  the  case  may  be,  shall  attend  the  election 
and  record  in  a  book,  to  be  provided  for  that  purpose, 
the  name  of  each  elector  as  he  deposits  his  ballot. 
When  the  polls  shall  have  been  closed  the  inspect- 
ors shall  first  count  the  ballots  to  see  if  they  tally 
with  the  number  of  names  recorded  by  the  clerk. 
If  they  exceed  that  number  enough  ballots  shall  be 
withdrawn  to  make  them  correspond.  Any  clerk 
who  shall  neglect  or  refuse  to  record  the  name  of 
a  person  whose  ballot  is  received  by  the  inspectors, 
shall  be  liable  to  a  fine  of  twenty-five  dollars  to  be 
sued  for  by  the  supervisor  of  the  town.  If  the  dis- 
trict clerk  or  clerk  of  the  board  of  education  shall 
be  absent,  or  shall  be  unable  or  shall  refuse  to  act, 
the^  trustees,  inspectors  of  election,  or  board  of  edu- 
cation shall  appoint  some  person  to  act  in  his 
place. 

§  6.  If  any  person  offering  to  vote  at  any  such 
election  shall  be  challenged  as  unqualified  by  any 
legal  voter,  the  chairman  of  the  inspectors  shall  re- 
quire the  person  so  offering  the  vote  to  make  the 
following  declaration  :  "  I  do  declare  and  affirm  that 
I  am  an  actual  resident  of  this  school  district,  and 
that  I  am  legally  qualified  to  vote  at  this  election." 
And  every  person  making  such  declaration  shall  be 
permitted  to  vote  ;  but  if  any  person  shall  refuse  to 
make  such  declaration,  his  ballot  shall  not  be  re- 
ceived by  the  inspectors.  Any  person  who  upon 
being  so  challenged  shall  willfully  make  a  false  dec- 
16 


122  APPENDIX. 

laration  of  Ms  right  to  vote  at  such  election,  shall 
be  deemed  guilty  of  a  misdemeanor  and  punished 
by  imprisonment  in  the  county  jail  for  not  less 
than  six  months  nor  more  than  one  year.  Any  per- 
son who  shall  vote  at  such  election,  not  being  duly 
qualified,  shall,  though  not  challenged,  forfeit  the 
sum  of  ten  dollars,  to  be  sued  for  by  the  supervisor 
of  the  town  for  the  benefit  of  the  school  or  schools 
of  the  district. 

§  7.  All  disputes  concerning  the  validity  of  any 
such  election,  or  of  any  votes  cast  thereat,  or  of  any 
of  the  acts  of  the  inspectors  or  clerk,  shall  be  re- 
ferred to  the  superintendent  of  public  instruction, 
whose  decision  in  the  matter  shall  be  final.  Such 
superintendent  may,  in  his  discretion,  order  a  new 
election  in  any  district. 

§  8.  The  persons  having  the  highest  number  of 
votes,  respectively,  for  the  several  offices  shall  be 
declared  elected,  and  the  clerk  shall  record  the  dec- 
laration of  the  inspectors.  In  case  two  persons 
shall  have  an  equal  number  of  votes  for  the  same 
office,  the  inspectors  of  election  shall  immediately 
choose  one  of  such  persons.  If  the  inspectors  can- 
not agree,  the  clerk  shall  decide  the  matter. 

§  9.  The  annual  meeting  in  the  several  districts 
shall  be  held  as  now  provided  by  law  for  the  pur- 
pose of  transacting  all  business  except  the  election  of 
officers. 

§  10.  This  act  shall  not  apply  to  cities,  or  to  dis- 
tricts organized  under  special  acts  of  the  legislature. 


APPENDIX.  123 


FORMS. 


FORM  of  Warrant  for  the  Collection  of  a  District  Taao. 

To  the  Collector  of  School  District  number  ,  in  the  town  of  t 

county  of  : 

You  are  hereby  commanded  to  receive  from  each  of  the  taxable  inhabitants 
and  corporations  named  in  the  foregoing  list,  and  of  the  owners  of  the  real 
estate  described  therein,  the  several  sums  mentioned  in  the  last  column  of  the 
said  list,  opposite  to  the  persons  and  corporations  so  named,  and  to  the  several 
tracts  of  land  so  described,  or  so  much  thereof  as  may  be  voluntarily  paid  to 
you  for  two  successive  weeks  after  the  delivery  to  you  of  this  warrant,  together 
with  one  cent  on  each  dollar  thereof  for  your  fees ;  and  after  the  expiration  of 
the  time  above  mentioned,  to  proceed  forthwith  to  collect  the  residue  of  the 
sums  not  so  paid  in  as  aforesaid,  with  five  cents  on  each  dollar  thereof  for 
your  fees ;  and  in  case  any  person  upon  whom  such  tax  is  imposed  shall  neg- 
lect or  refuse  to  pay  the  same,  you  are  to  levy  the  same  by  distress  and  sale 
of  the  goods  and  chattels  of  the  person  or  corporation  so  taxed,  in  the 
same  manner  as  on  warrants  issued  by  the  board  of  supervisors  to  the  col- 
lectors of  taxes  in  towns ;  and  you  are  to  make  a  return  of  this  warrant 
within  thirty  days  after  the  delivery  thereof  to  you ;  and  if  any  tax  on  the 
real  estate  of  a  non-resident  mentioned  in  the  said  list  shall  be  unpaid  at  the 
time  when  you  are  required  to  return  this  warrant,  you  are  to  deliver  to  the 
trustees  of  the  said  district  an  account  thereof,  according  to  law.  All  moneys 
received  or  collected  by  you  by  virtue  of  this  warrant,  you  are  to  keep 
safely,  and  to  pay  out  the  same  on  the  written  order  of  a  majority  of  the 
trustees. 

Given  under  our  hands  this  day  of  ,  in  the  year  one  thousand 

eight  hundred  and  seventy- 

A.B,  ) 

0.  D..  >  Trustees. 

E.  17) 

NOTE.— Collectors  are  now  required  by  law  to  execute  a  bond  before  receiving  tb« 
first  warrant  for  collection  of  a  tax.  (See  section  83,  title  7.) 


FORM  of  Bond  to  le  given  ly  District  Collector  for  the  faithful  Performance  of 

his  official  duties. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  0.  D.  and  R.  S.  (the  col- 
lector and  his  sureties),  are  held  and  firmly  bound  to  E.  P.,  G-.  H.  and  L.  M^ 
trustees  of  school  district  number  ,  in  the  town  of  ,  county  of  , 

in  the  sum  of  (here  insert  the  amount  of  bail  fixed  by  the  district  meeting  or 
by  the  trustees),  to  be  paid  to  the  said  E.  P.,  Q-.  H.  and  L.  M.,  trustees  as 
aforesaid;  or  to  the  survivor  or  survivors  of  them,  or  their  successors ;  to  which 


124  APPENDIX. 

payment,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors, 
and  administrators,  firmly  by  these  presents.  Sealed  with  our  seals  and  dated 
this  day  of  ,  187  . 

Whereas,  the  above  bounden  A.  B.  has  been  chosen  (or  appointed)  collec- 
tor of  the  above-mentioned  school  district  number  ,  in  the  town  of  , 
in  conformity  to  the  statutes  relating  to  common  schools ;  now,  therefore,  the 
condition  of  this  obligation  is  such  that  if  the  said  A.  B.  shall  well  and  truly 
collect  and  properly  account  for  all  moneys  received  by  him  as  such  collector, 
and  shall,  in  all  respects,  duly  and  faithfully  execute  all  the  duties  of  his  office 
as  collector  of  such  district,  then  this  obligation  shall  be  void,  otherwise  to  be 
in  full  force  and  effect. 

A.  B.,  [L.  a.] 

C.  D,    [L.  8.] 
E.  S.      [L.  B.] 

Signed,  sealed  and  delivered  ) 
in  the  presence  of          ) 


APPENDIX.  125 


CIRCULAR   TO  TRUSTEES. 


The  following  circular  to  assessors,  issued  from  the  comptroller's  oince,  is 
here  presented  to  trustees  of  school  districts,  as  it  answers  many  questions 
that  come  before  them  in  the  discharge  of  their  duties  : 

All  property  not  specially  exempt  should  be  assessed  at  its  true  and  full 
value. 

Bank  stock  should  be  assessed  to  the  individual  stockholders  in  the  town  or 
ward  where  the  bank  is  situated,  at  its  true  value,  including  any  surplus  ;  and 
in  no  case  should  it  be  assessed  below  par,  without  proper  evidence  that  ita 
value  is  reduced  below  par  by  losses  actually  charged  over  on  the  books.  No 
deduction  should  be  allowed  the  shareholders  on  account  of  debts,  nor  should 
any  deduction  be  allowed  for  the  proportionate  interest  of  a  shareholder  in 
the  stock  or  bonds  of  the  United  States,  held  by  the  bank.  The  only  deduc- 
tion provided  for  is  a  proportionate  part  of  the  real  estate  of  the  bank,  which 
is  assessed  against  the  corporation.  Individual  bankers  should  be  assessed  in 
the  same  way  as  shareholders  in  incorporated  banks. 

Persons  engaged  in  banking  or  brokerage,  not  organized  under  the  Banking 
Laws  of  the  State,  and  who  issue  no  circulation,  should  be  assessed  the  same 
as  other  individuals,  and  are  entitled  to  the  like  deduction  from  the  assess- 
ment for  debts  and  investment  in  United  States  stocks. 

The  franchises  and  privileges  granted  by  the  legislature  to  Savings  Banks, 
or  Institutions  for  Savings,  are  declared  to  be  personal  property,  and  liable  to 
taxation  as  such  in  the  town  or  ward  where  located,  to  an  amount  not  exceed- 
ing the  gross  sum  of  their  surplus,  earned  and  in  possession  of  the  bank. 
These  institutions  should  therefore  be  assessed  for  the  amount  of  their  surplus 
funds,  after  deducting  such  amount  thereof  as  may  be  invested  in  the  stocks 
of  the  United  States. 

Telegraph  poles  and  wires  must  be  regarded  as  personal  property,  and  a« 
such,  are  assessable  at  the  home  office  of  the  company. 

TAXATION  OF  LANDS. 

All  lands  in  any  town  or  ward,  occupied  by  the  owner,  must  be  assessed  to 
such  owner. 

Lands  occupied  by  a  person  other  than  the  owner  may  be  assessed  to  the 
owner  or  occupant,  or  as  "  land  of  non-residents." 

When  the  line  between  two  wards,  towns  or  counties  divides  a  farm  or  lot 
the  same  must  be  taxed,  if  occupied,  in  the  town  or  ward  where  the  occupant 
resides  ;  but  if  unoccupied,  each  part  must  be  assessed  in  the  town  or  ward 
where  the  same  lies. 


126  APPENDIX. 

Lands  wholly  unoccupied,  owned  by  a  person  residing  within  the  town  or 
ward  where  the  same  are  situated,  must  be  assessed  to  such  owner. 

Unoccupied  lands,  not  owned  by  a  person  residing  in  the  town  or  ward 
where  the  same  are  situated,  must  be  assessed  in  a  part  of  the  assessment  roll 
separate  from  the  other  assessments,  under  the  heading,  "  lands  of  non-resi- 
dents." If  such  lands  be  a  part  of  a  tract  or  patent  which  is  subdivided  into 
lots,  each,  lot  must  be  designated  by  its  number  alone,  without  the  name  of  the 
owner,  beginning  with  the  lowest  number  and  proceeding  in  numerical  order 
to  the  highest.  Where  parts  of  lots  are  separately  assessed,  each  part  must 
be  definitely  located,  either  by  a  survey,  or  complete  boundaries  thereof. 
Where  such  lands  are  not  in  any  tract  or  patent,  or  numbered  lot,  such  fact 
must  be  stated  on  the  assessment  roll,  and  each  parcel  thereof  be  fully 
described,  the  same  as  parts  of  numbered  lots.  Each  lot  or  subdivision  must 
be  separately  assessed,  unless  one  property,  not  divisible  (in  which  case  the 
fact  should  be  stated),  and  the  quantity  of  land  in  each  lot,  subdivision  or 
parcel,  must,  in  all  cases,  be  entered  on  tbe  assessment  roll. 

THE  FOLLOWING  is  THE  LAW  RELATING  TO  EXEMPTIONS  FROM  TAXATION. 

1.  All  property,  real  or  personal,  exempted  from  taxation  by  the  Constitu- 
tion of  this  State,  or  under  the  Constitution  of  the  United  States. 

2.  All  lands  belonging  to  this  State  or  the  United  States. 

3.  Every  building  erected  for  the  use  of  a  college,  incorporated  academy  or 
other  seminary  of  learning;  every  building  for  public  worship  ;  every  school- 
house,  court-house  and  jail,  and  the  several  lots  whereon  such  buildings  are 
situated,  and  the  furniture  belonging  to  each  of  them. 

4.  Every  poor-house,  alms-house,   house  of  industry,  and  every  house  be- 
longing to  a  company  incorporated  for  the  reformation  of  offenders,  or  to 
improve  the  moral  condition  of  seamen,  and  the  real§  and  personal  property 
used  for  such  purposes  belonging  to  or  connected  with  the  same. 

5.  The  real  and  personal  property  of  every  public  library. 

6.  All  stocks  owned  by  the  State,  or  by  literary  or  charitable  institutions. 

7.  The  personal  estate  of  every  incorporated  company  not  made  liable  to 
taxation  on  its  capital  under  Chap.  13,  title  4,  first  part  Revised  Statutes. 

8.  The  personal  property  of  every  minister  of  the  gospel,  or  priest,  of  any 
denomination  ;  and  the  real  estate  of  such  minister  or  priest,  when  occupied 
by  him,  provided  such  real  and  personal  estate  do  not  exceed  in  value  one 
thousand  five  hundred  dollars.     And  lands  owned  and  permanently  occupied 
by  agricultural  societies. 

9.  All  property  exempted  by  law  from  execution. 

If  the  real  and  personal  estate,  or  either  of  them,  of  any  minister  or  priest 
exceed  the  value  of  one  thousand  five  hundred  dollars,  that  sum  shall  be  de- 
ducted from  the  valuation  of  his  property,  and  the  residue  shall  be  liable  to 
taxation. 

Lands  sold  by  the  State,  though  not  granted  or  conveyed,  shall  be  assessed 
in  the  same  manner  as  if  actually  conveyed. 

The  owner  or  holder  of  stock  in  any  incorporated  company,  liable  to  taxa- 
tion on  its  capital,  shall  not  be  taxed  as  an  individual  for  such  stock. 


INDEX. 


PAGE. 

ACTIONS  AGAINST  SCHOOL  OFFICERS 88 

ANNULMENT  OF  TEACHER'S  CERTIFICATE  : 

By  state  superintendent 8 

By  school  commissioners 14 

APPEALS  TO  STATE  SUPERINTENDENT 85 

APPENDIX 93-136 

APPORTIONMENT  OF  SCHOOL  MONEYS-. 

By  state  superintendent ...,...„ 15-30 

Supplemental 19, 30 

Deficiencies  in,  how  made  up 20 

By  school  commissioners 34-28 

Certificate  of 26 

Erroneous,  how  rectified 26 

BLIND,  institution  for  the 5, 6 

BOND,  form  of 123, 134 

BOUNDARIES  OF  SCHOOL  DISTRICTS 11 

CLERK  OF  SCHOOL  DISTRICT  : 

Must  notify  persons  elected  to  district  offices 47 

General  duties  of 47-49 

CLERKS  IN  SUPERINTENDENT'S  OFFICE 4 

COLLECTOR  : 

District  meeting  may  fix  bail  of 40 

Vacates  office  by  not  giving  bonds 46 

To  return  uncollected  non-resident  tax 61 

To  execute  bond 63 

May  receive  voluntary  payments  for  two  weeks 64 

Fees  of. .                     64 


128  INDEX. 

COLLECTOR — Continued.  PAGE. 

To  have  custody  of  certain  district  moneys 65 

Shall  report  at  annual  meeting 65 

Shall  make  up  for  district  money  lost  through  his  neglect 65 

Form  of  collector's  bond 123 

COLORED  SCHOOLS 82 

COMPULSORY  EDUCATION,  act  in  relation  to 110-115 

CONTINGENT  FUND 17 

CORNELL  UNIVERSITY,  act  in  relation  to 106 

DEAF  AND  DUMB,  Institution  for  the , .     5 

DEPUTY  STATE  SUPERINTENDENT,  appointment  of 4 

DISTRICTS  ? 

What  are  entitled  to  public  moneys 26 

Joint,  must  bear  same  No.  in  each  commissioner  district 33 

Formation,  alteration  and  dissolution  of 32-36 

Special  meetings  in 37 

Annual  meetings  in 38 

Officers  of,  qualifications  and  terms  of  office „ 44 

may  resign 47 

May  unite  libraries 68 

Powers  of  inhabitants  at  district  meetings.    (See  Meetings.) 

Expenses  of,  how  paid 88,  89,  90 

Actions  against „ 89,  90,  91 

Act  for  the  relief  of 116 

FINES  AND  PENALTIES  : 

How  paid  and  apportioned 23 

Where  supervisor  refuses  to  give  bonds , 28 

embezzles  school  moneys „ 28 

neglects  to  make  certain  returns 29 

Duty  of  supervisor  to  sue  for 4 30 

For  refusal  to  give  notice  of  district  meeting 37 

illegal  voting „ 39 

refusal  to  serve  in  district  office 47 

Where  trustee  employs  unqualified  teacher 49 

fails  to  render  annual  account  of  moneys 55 

For  making  false  report 57 

neglect  of  library  by  trustees 67 

loss  of  school  moneys,  through  neglect 87 

neglect  to  prosecute  as  required  by  law 87 

disturbing  school  meeting  . . . . : 87, 88 

GOSPEL  AND  SCHOOL  LOTS 23 


INDEX.  129 

PAGE. 

HOLIDAYS,  act  in  relation  to 108 

INDIAN  SCHOOLS  : 

Equitable  sum  to  be  set  apart  for 17 

Appropriation  for 91 

JOINT  DISTRICT  : 

Must  bear  same  number  in  each  commissioner's  district 33 

Formation  of 34 

Dissolution  of 34 

LIBRARIAN,  duties  of 48 

LIBRARIES  : 

Apportionment  of  moneys  for 17,  24,  25 

Trustee  may  insure 51 

When  library  money  amounts  to  less  than  $3  it  may  be  applied 

to  payment  of  teachers'  wages 52, 67 

Tax  and  state  moneys  for 66 

Trustees  to  have  custody  of 67 

liable  for  books  lost  or  injured 67 

Of  two  districts  may  be  united 68 

Rules  respecting 69 

Penalty  for  neglect  of,  by  trustees 70 

LICENSE  TO  TEACH: 

Examination  for 13 

Annulment  of 7, 14 

MEETINGS,  SCHOOL  DISTRICT  : 

Notice  of,  in  new  district 36 

When  commissioner  may  call „ 36 

Special,  how  called 37 

Annual,  when  to  be  held,  and  manner  of  proceeding  when  not 

held 38 

Duty  of  inhabitants  to  attend. .  i 38 

Qualification  of  voters  at 39 

Challenge  of  voters  at 39 

Illegal  voting  at 39 

Powers  of  inhabitants  at  . , 36-42 

MISCELLANEOUS  PROVISIONS 87-92 

NEIGHBORHOODS  : 

Apportionment  to 26 

Formation  and  dissolution  of 36 

17 


130  INDEX. 

NEIGHBORHOODS  —  Continued.  PAGE 

Annual  meetings  in 37 

Powers  of  meetings  in 40 

Clerk  of '. 47 

To  report  to  commissioners 57 

PENALTIES.     (See  Fines  and  Penalties.} 

PUBLIC  MONEY,  trustees  to  divide  when  authorized 52 

PUPILS  : 

Age  of  those  entitled  to  attend  common  schools 48 

Indian  and  non-resident 49 

RATE  BILLS,  abolition  of 92 

REMOVAL  OF  SCHOOL  OFFICERS  :     * 

By  superintendent 8 

Of  officers  of  union  free  school  districts 78 

REPAIRS  : 

May  be  ordered  by  commissioners 12 

What  may  be  made  by  trustee  without  vote  of  inhabitants 53 

REPORTS : 

By  state  superintendent 7 

By  school  commissioners 14 

By  trustees,  to  district  meeting 54 

By  trustees,  to  school  commissioner 55 

False,  penalty  for 57 

By  collector , 65 

By  board  of  education  of  union  free  school  districts 81 

SAVINGS  BANK  BILL 101-103 

SCHOOL  COMMISSIONERS  : 

General  powers  and  duties 8-14 

To  apportion  state  school  moneys 24-28 

To  certify  to  state  superintendent  and  to  supervisors 26 

Duties  in  regard  to  the  formation,  alteration  and  dissolution  of 

school  districts „   32-36 

To  appoint  time  for  holding  first  meeting  in  new  district. .......  36 

When  authorized  to  call  special  district  meetings 36 

Cannot  be  trustees  of  school  districts 44 

SCHOOL  DISTRICTS  : 

Act  for  the  relief  of 116 

Act  in  relation  to  the  election  of  officers  in . .  120 


INDEX.  131 

SCHOOL-HOUSES  AND  SITES  :  PAGE. 

General  provisions  regarding 42 

Sale  of 43 

Trustees  may  insure  when  authorized '. .  51 

May  be  used  for  certain  purposes 53 

School-house  site  bill 93-100 

SCHOOL  MEETINGS,  penalty  for  disturbing 87 

SCHOOL  OFFICERS: 

Penalty  for  neglect  of  duty 87 

Actions  against 88 

SCHOOLS,  COMMON  : 

Free  to  all  persons  between  the  ages  of  five  and  twenty-one  years  48 

Colored 82 

State  tax  for  support  of 15 

SCHOOL  YEAR,  what  constitutes 18 

STATE  CERTIFICATES 7 

STATE  SCHOOL  MONEYS  : 

What  shall  constitute 16, 17 

Apportionment  of,  by  state  superintendent 15-20 

When  payable '. 20 

Apportionment  of,  by  school  commissioners 24-28 

Disbursement  of,  by  supervisors 28 

Trustees  to  draw  on  supervisors  for  .  .^ 52 

Library  moneys 66 

Penalties  for  their  loss 87 

STATE  SUPERINTENDENT  : 

Election  and  general  powers  of 3-8 

Shall  prescribe  rules  for  libraries 69 

Powers  and  duties  in  relation  to  appeals 85 

SUPERVISORS  : 

Powers  and  duties  in  relation  to  state  school  moneys 28-30 

Must  sue  for  all  penalties,  when  the  duty  is  not  otherwise  im- 
posed   30 

Duties  in  relation  to  property  of  dissolved  school  districts 34 

Cannot  be  trustees 44 

May  accept  resignation  of  district  officers 47 

May  appoint  trustees  in  certain  cases 46 


132  INDEX. 

TAX  .  PAGE. 

For  support  of  common  schools 15 

For  fuel,  appendages,  repairs,  libraries,  deficiencies,  contingencies, 

school-house  and  site,  and  to  replace  moneys  lost  or  embezzled.  40,  41 

Any  legal  sum  may  be  raised  by 53 

How  assessed  and  made  out 58-66 

In  joint  districts 59 

When  tenants  are  liable  for 60 

What  persons  exempt  from  tax  to  build  school-house 60 

On  non-resident  lands 60 

On  property  of  railroad  companies  in  school  districts 104 

On  shares  of  stockholders  of  and  the  surplus  funds  of  savings 

banks 101 

Payment  of,  may  be  made  before  levy 62 

Collection  of 63-65 

For  libraries. . « 66 

Local  city,  cannot  be  increased. " 92 

TAX  LIST,  trustee  to  make  out 51 

TEACHERS  : 

Who  are  qualified 49 

Unqualified,  cannot  receive  public  money  49 

Shall  keep  list  of  attendance 49 

Must  be  employed  by  trustee 51 

Must  verify  record 54 

May  be  required  to  assist  in  examination  of  library 69 

TEACHERS'  INSTITUTES 83-85 

TENANT,  when  liable  for  tax ;  60 

TEXT-BOOKS,  act  in  relation  to 118 

TOWN  CLERK,  duties  of 31,  32 

TREASURER  : 

County,  shall  pay  to  collector  a  sum  equal  to  taxes  returned  as 

unpaid 62 

Of  union  free  school  districts  to  have  custody  of  moneys 80 

TRUSTEES  : 

Who  may  not  hold  the  office 44 

District  to  elect  one  or  three 45 

Vacancies  in  office  of,  how  filled 46 

Vacate  office,  how 46 

May  fill  vacancies  in  certain  district  offices 46 

May  admit  non-resident  pupils 48 


INDEX.  133 

TRUSTEES  —  Continued.  PAGE. 

Prohibited  from  employing  unqualified  teachers 51 

General  powers  and  duties  of 50-57,  87 

To  have  custody  of  library 67 

Liability  for  books  lost  or  injured 67 

Circular  to 125, 126 

TRUSTS  FOR  BENEFIT  OF  COMMON  SCHOOLS 21 

UNION  FREE  SCHOOL  DISTRICTS  : 

Formation  of 70-72 

Qualification  of  voters  of 71 

Election  of  trustees 73 

Treasurer  and  collector  of 74 

Corporate  authorities  to  levy  tax  for 75 

Powers  of  meetings  in 76 

No  rate  bills  in 76 

Board  of  education,  powers  of 76-79,  115 

Manner  of  levying  taxes  in 79 

Treasurers  to  have  custody  of  moneys 80 

Payment  and  disbursement  of  moneys  in 80 

Academical  department 81 

Reports  from 81,  82 

Eemoval  of  officers  of 82 

Powers  of,  to  sell  or  exchange  real  estate . ...     115 

VALUATION  OF  PROPERTY  : 

How  ascertained 58 

Reduction  in 59 

VOTERS  : 

Qualifications  of 39 

Challenge  of 39 

Illegal  voting,  penalty  for 39 

WARRANT  , 

For  collection  of  tax 63 

May  be  executed  where 64 

May  be  renewed. . .    64 

Forrnof..             123 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORRO^ 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


28Apr'G40C 


-UD 


10'64-12* 


LD  21A-40m-4,'63 
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University  of  California 

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YC  43579 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


